No. 22-7012

Lionel Jericho McCoy v. California

Lower Court: California
Docketed: 2023-03-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: charging-document common-law common-law-pleading criminal-charging due-process first-degree-murder notice notice-requirements sentencing-enhancement sixth-amendment
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2023-04-28
Question Presented (from Petition)

Does the 1883 rule set forth in People v. Soto, 63 Cal. 165 (1883) — that facts which expose a defendant to increased punishment need not be charged in the accusatory pleading — violate the Sixth Amendment as interpreted in Apprendi v. New Jersey, 530 U.S. 466 (2000), Ring v. Arizona, 536 U.S. 584 (2002), and Alleyne v. United States, 570 U.S. 99 (2013)?

Question Presented (AI Summary)

Does the 1883 rule set forth in People v Soto, 63 Cal. 166 -that facts which expose a defendant to substantially enhanced punishment need not be pled in the charging document -violate the notice requirements of the common law codified in the Sixth Amendment guarantee that 'in all criminal prosecutions, the accused shall enjoy the right . . . to be informed

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-04-11
Waiver of right of respondent California to respond filed.
2023-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2023)

Attorneys

California
Catherine Amy RivlinCA Department of Justice, Respondent
Lionel Jericho McCoy
Clifford GardnerLaw Office of Cliff Gardner, Petitioner