No. 22-7025
Kevin Ariel Garcia-Archaga v. United States
Tags: almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception sixth-amendment
Latest Conference:
2023-06-15
Question Presented (from Petition)
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical practices it codified.
Whether, in light of the historical record, Almendarez-Torres should be overruled.
Question Presented (AI Summary)
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical practices it codified
Docket Entries
2023-06-20
Petition DENIED.
2023-05-31
DISTRIBUTED for Conference of 6/15/2023.
2023-05-25
Reply of petitioner Kevin Ariel Garcia-Archaga filed.
2023-05-17
Memorandum of respondent United States filed.
2023-04-12
Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2023.
2023-04-11
Motion to extend the time to file a response from April 17, 2023 to May 17, 2023, submitted to The Clerk.
2023-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2023)
Attorneys
Kevin Ariel Garcia-Archaga
Taylor Wills Edwards Brown — Federal Public Defender, N.D. Tex., Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent