No. 22-7287

Rodolfo Tovar-Zamarripa v. United States

Lower Court: Fifth Circuit
Docketed: 2023-04-14
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment
Latest Conference: 2023-09-26
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

2023-10-02
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 9/26/2023.
2023-06-14
Memorandum of respondent United States filed.
2023-05-11
Motion to extend the time to file a response is granted and the time is extended to and including June 14, 2023.
2023-05-09
Motion to extend the time to file a response from May 15, 2023 to June 14, 2023, submitted to The Clerk.
2023-04-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2023)

Attorneys

Rodolfo Tovar-Zamarripa
Kevin Joel Page — Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent