No. 21-6590
IFP
Tags: 8th-amendment categorical-approach constitutional-vagueness death-penalty death-sentence due-process elements-based-approach johnson-precedent prior-conviction prior-violent-felony sentencing-aggravator vagueness
Latest Conference:
2022-02-18
Question Presented (from Petition)
(1) Is the 'prior violent felony conviction' aggravating factor in Tennessee's death penalty statutes unconstitutional under Johnson v. United States, 135 S. Ct. 2551 (2015), because the language of that aggravator is vague and because Tennessee has, in practice, rejected an elements-based categorial approach in favor of examining the specific underlying conduct of the prior conviction?
Question Presented (AI Summary)
Is the 'prior violent felony conviction' aggravating factor in Tennessee's death penalty statutes unconstitutional under Johnson v. United States, 135 S. Ct. 2551 (2015)?
Docket Entries
2022-02-22
Petition DENIED.
2022-01-27
DISTRIBUTED for Conference of 2/18/2022.
2022-01-12
Brief of respondent Tennessee in opposition filed.
2021-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2022)
Attorneys
Tennessee
Terry King
Cullen Michael Wojcik — Whitt, Cooper, Hedrick & Wojcik, Petitioner