No. 22-7373
Victor M. Miranda-Guerrero v. California
IFP
Tags: aggravating-circumstances apprendi-v-new-jersey constitutional-rights criminal-procedure death-penalty due-process jury-determination jury-trial mitigating-circumstances sentencing sentencing-procedure
Latest Conference:
2023-09-26
Question Presented (from Petition)
Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that serves to increase the statutory maximum for the crime—violate the Fifth, Sixth and Fourteenth Amendments where there is no requirement this determination must be found by a jury beyond a reasonable doubt?
Question Presented (AI Summary)
Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute violate the Fifth, Sixth and Fourteenth Amendments
Docket Entries
2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-06-08
Reply of petitioner Victor M. Miranda-Guerrero filed.
2023-05-25
Brief of respondent California in opposition filed.
2023-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2023)
Attorneys
California
Kristine Alton Gutierrez — California Attorney General's Office, Respondent
Victor M. Miranda-Guerrero
Denise Kendall — Office of the State Public Defender, Petitioner