No. 23-7364

Jorge Galindo v. Nebraska

Lower Court: Nebraska
Docketed: 2024-05-02
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: capital-punishment death-penalty eddings-v-oklahoma ineffective-assistance lockett-v-ohio mitigation sentencing-considerations supreme-court-precedent tennard-v-dretke youth youth-mitigation
Latest Conference: 2024-11-08 (distributed 2 times)
Question Presented (from Petition)

1. May a state categorically exclude youth as a mitigating factor in a capital case?

2. Must a state court follow this Court's jurisprudence of Lockett v. Ohio, 438 U.S. 586 (1978), Eddings v. Oklahoma, 455 U.S. 104 (1982), Stanford v. Kentucky, 492 U.S. 361 (1989), Johnson v. Texas, 509 U.S. 350 (1993), and Tennard v. Dretke, 542 U.S. 274 (2004), or may it ignore it?

3. Can appellate counsel be ineffective for failing to raise such a claim on direct appeal given this Court's clear precedent establishing error?

Question Presented (AI Summary)

May a state categorically exclude youth as a mitigating factor in a capital case?

Docket Entries

2024-11-12
Petition DENIED.
2024-10-24
DISTRIBUTED for Conference of 11/8/2024.
2024-09-18
Electronic record received from the Supreme Court of Nebraska.
2024-09-04
Record Requested.
2024-08-22
DISTRIBUTED for Conference of 9/30/2024.
2024-08-15
Reply of Jorge Galindo submitted.
2024-08-15
Reply of petitioner Jorge Galindo filed.
2024-08-02
Brief of Nebraska in opposition submitted.
2024-08-02
Brief of respondent Nebraska in opposition filed.
2024-05-21
Motion to extend the time to file a response is granted and the time is extended to and including August 2, 2024.
2024-05-20
Motion to extend the time to file a response from June 3, 2024 to August 2, 2024, submitted to The Clerk.
2024-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2024)
2024-02-23
Application (23A772) granted by Justice Kavanaugh extending the time to file until April 27, 2024.
2024-02-14
Application (23A772) to extend the time to file a petition for a writ of certiorari from February 27, 2024 to April 27, 2024, submitted to Justice Kavanaugh.

Attorneys

Jorge Galindo
Laurence Edward KompFederal Public Defender W. District of Missouri, Petitioner
Nebraska
Erin Elizabeth TangemanNebraska Attorney General's Office, Respondent