No. 23-5880
Jose Fernando Martinez-Hernandez v. United States
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum
Latest Conference:
2023-12-08
(distributed 2 times)
Question Presented (from Petition)
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt?
Question Presented (AI Summary)
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt?
Docket Entries
2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-10-30
Waiver of right of respondent United States of America to respond filed.
2023-10-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2023)
Attorneys
Jose Martinez-Hernandez
Adam Ryan Nicholson — Office of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. Prelogar — Solicitor General, Respondent