No. 23-584

Robert R. Snyder v. California

Lower Court: California
Docketed: 2023-12-01
Status: Denied
Type: Paid
Relisted (2)
Tags: arbitrary-enforcement armed-intent constitutional-vagueness due-process eighth-amendment legislative-intent penal-code rosemond-substantive-holding second-amendment sentencing-enhancement standardless-legislation vagueness
Latest Conference: 2024-04-26 (distributed 2 times)
Question Presented (from Petition)

• Should California Penal Code § 12022.53 be struck down and voided as vague and standardless legislation? Does petitioner's conviction serve as an example of an arbitrary enforcement?

• Did California Supreme Court fail to incorporate Rosemond's substantive holding into their jurisprudence?

• Does the act as currently interpreted, deprive defendants of accurate fact-finding regarding the principle of armed-intent?

• Was § 12022.53 subd.(e) originally intended to be a penalty provision or limitation clause?

• In this case, would a 25 years-to-life consecutive enhancement for a first-time felon/youth offender seem to violate the Eight Amendment to the U.S. Constitution?

• With the harsh penalty alongside the lack of sentencing triad in mind, shouldn't that indicate § 12022.53's application be limited to the most extreme case facts and circumstances?

• Would the simple fact of several legislative amendments, by itself raise questions about how the act's original intent compares to its current usage?

• Considering the heavy consecutive penalty behind § 12022.53, might it make homeowners hesitant to use a firearm in defense of their property? In that sense, does the act create a Second Amendment issue?

• Does the fact of § 12022.53's identical punishment for both GBI and death—two very different crimes—without any explanation, raise concerns regarding the act's nature and purpose?

Question Presented (AI Summary)

Should California Penal Code § 12022.53 be struck down and voided as vague and standardless legislation?

Docket Entries

2024-04-29
Rehearing DENIED.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-03-15
2024-02-20
Petition DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2023-11-22
2023-10-06
Application (23A305) granted by Justice Kagan extending the time to file until November 25, 2023.
2023-10-03
Application (23A305) to extend the time to file a petition for a writ of certiorari from October 10, 2023 to November 25, 2023, submitted to Justice Kagan.

Attorneys

Robert R. Snyder
Robert R. Snyder — Petitioner