No. 21-5724

Devin Lee Rintye v. California

Lower Court: California
Docketed: 2021-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-v-new-jersey constitutional-rights criminal-procedure due-process ineffective-counsel miller-v-alabama mitigating-evidence sentencing youth youth-mitigation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-11-05
Question Presented (from Petition)

Does a State Court Violate a defendant's due process rights, in light of U.S. Supreme Court rulings in Appendix: New Jersey and Miller YAUW the Court base, not afford defendant the opportunity to submit mitigating evidence related to defendants youth to a jury when the Court has imposed an aggravated upper sentence beyond the statutory maximum?

Are newly discovered and omissible mitigating factors relevant for the purpose of serving a Criminal Conviction of Consideration?

Is Counsel ineffective, of Sentencing when Counsel does not argue Mitigating factors or Object to an aggravated Sentence beyond the statutory maximum?

State Court violate a defendant's due process rights and Commit error by ignoring its lines set forward by its States legislature?

Does a State Court violate a defendant's right to trial by jury Safeguards and violate the right of Apprendi and does violate the rule of process?

Does a procedural error rules of court overrule Mandated Sentencing guidelines if court detail was sentenced as a adult to a different Sentence? If defendant's youth Was admissible during proceedings the high court such as in Apprendi and now the defendant now have the opportunity?

Question Presented (AI Summary)

Does a State Court violate a defendant's due process rights, contrary to Apprendi v. New Jersey and Miller v. Alabama, when the court does not afford the defendant the opportunity to present mitigating evidence tied to the defendant's youth to a jury when the court has imposed an aggravated upper-term sentence beyond the statutory maximum?

Docket Entries

2021-11-08
Petition DENIED.
2021-10-21
DISTRIBUTED for Conference of 11/5/2021.
2021-10-14
Waiver of right of respondent California to respond filed.
2021-09-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2021)

Attorneys

California
Daniel Brian RogersOffice of the California Attorney General, Respondent
Devin L. Rintye
Devin Lee Rintye — Petitioner