No. 22-6566
Tags: apprendi-doctrine apprendi-v-new-jersey criminal-procedure jury-clause jury-trial prior-record-exception sentencing sentencing-enhancement sixth-amendment
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference:
2023-03-03
Question Presented (from Petition)
Whether a sentencing court violates the Sixth Amendment's Jury Clause when the sentencing court —rather than the jury —finds that the defendant committed the offense within three years of release from a state prison and on that basis imposes the enhanced sentence?
Question Presented (AI Summary)
Whether a sentencing court violates the Sixth Amendment's Jury Clause when the sentencing court—rather than the jury—finds that the defendant committed the offense within three years of release from a state prison and on that basis imposes the enhanced sentence?
Docket Entries
2023-03-06
Petition DENIED.
2023-02-16
DISTRIBUTED for Conference of 3/3/2023.
2023-02-15
Waiver of right of respondent Florida to respond filed.
2023-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2023)
Attorneys
Florida
Celia A. Terenzio — Respondent
Rodney Ellis
Paul Edward Petillo — Office of the Public Defender, Petitioner