No. 23-7241

Michael Allen v. Fidencio N. Guzman, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2024-04-17
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment aider-and-abettor constitutional-law criminal-law due-process equal-protection fourteenth-amendment mens-rea statutory-interpretation
Latest Conference: 2024-06-13
Question Presented (from Petition)

(1) Does California Penal Code Section 117.95(a)(l)-(3) statute violates
The United States Constitution 14th AmendmentEqual Protection of the law by
not including ameliorate relief for principals and major participants who
did not have mens rea as the law applies to Aider and Abetter who did not
have mens rea. For mens rea is the state of mind the prosecution must
prove to secure a conviction.

(2) Does The United States Constitution 14th Amendment Equal Protection
of the Law require Principals and Major Participants who did not have Mens
Rea to be included in California Penal Code Section 1170.95(a)(l)-(3)with
Aider and Abetters who did not have mens rea. For no state shall deny to
any person within its jurisdiction the Equal Protection of the Laws.

Question Presented (AI Summary)

Does California Penal Code Section 117.95(a)(1)-(3) statute violate the United States Constitution 14th Amendment Equal Protection of the Law by not including ameliorate relief for principals and major participants who did not have mens rea as the law applies to Aider and Abetters who did not have mens rea?

Docket Entries

2024-06-17
Petition DENIED.
2024-05-29
DISTRIBUTED for Conference of 6/13/2024.
2024-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2024)

Attorneys

Michael Allen
Michael Allen — Petitioner