No. 22-7257

Santos Cuevas v. Tina Kotek, Governor of Oregon, et al.

Lower Court: Ninth Circuit
Docketed: 2023-04-12
Status: Denied
Type: IFP
IFP
Tags: constitutional-review double-jeopardy due-process federal-law judicial-discretion jury-trial sentence-enhancement sentencing sixth-amendment
Latest Conference: 2023-06-08
Question Presented (from Petition)

Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and-when to enhance a sentence, and to comport with the rule of Federal law? Is a Unanimous verdict of 12' votes and jury record a pre-condition and affirmance under the Federal United States Constitution, before an appellate and State Supreme Court declares an Opinion and dissent on Sixth Amendment Jury trial right sentencing errors harmless?

Are Judicial discretionary findings Are merger and non-merger and concurrent and consecutive allowed to aggravate a-sentence to each count beyond the maximum set by the statute under federallaw?

Does the Double Jeopardy Clause of the Fifth Amendment provision of the United States protect a defendant from having any of his Jury trial Convictions to be included and counted into his criminal history score and from being subject to a higher recidivist sentence to each count?

For Purpose at the foregoing, on State Retion Liability, did the Appeltate Court correctly determmue the liability issees a Facts?

Question Presented (AI Summary)

Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and when to enhance a sentence, and to comport with the rule of Federal law?

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2023)

Attorneys

Santos Cuevas
Santos Cuevas — Petitioner