No. 23-7745

Gustavo Galindez v. Michigan

Lower Court: Michigan
Docketed: 2024-06-18
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 6th-amendment appeal due-process michigan-constitution sentencing
Latest Conference: 2024-09-30
Question Presented (from Petition)

I. DOES MCL 769.34(10) VIOLATE THE DEFENDANTS CONSTITUTIONAL RIGHT TO DUE PROCESS AS GUARANTEED BY THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND THE DEFENDANTS CONSTITUTIONAL RIGHT TO APPEAL UNDER THE MICHIGAN CONSTITUTION?

II. DID THE TRIAL COURT ABUSE ITS DISCRETION AT THE SENTENCING PHASE WHEN IT CONSIDERED ALLEGATIONS OR UN­ADJUDICATED CRIMINAL BEHAVIOR INTO A DETERMINATION THAT AN ENHANCED SENTENCE NEARLY TRIPLING A PREVIOUS PLEA AGREEMENT WAS REASONABLE AND PROPORTIONATE?

III. Did the admissions of the unadjudicated criminal behavior violate Petitioners constitution right to be confronted with all the witnesses as well as his right to due process that starts with a presumption of innocence?

Question Presented (AI Summary)

Does MCL 769.34(10) violate the defendant's constitutional right to due process and right to appeal?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2024)
2024-04-12
Application (23A902) granted by Justice Kavanaugh extending the time to file until June 2, 2024.
2024-04-01
Application (23A902) to extend the time to file a petition for a writ of certiorari from April 3, 2024 to June 2, 2024, submitted to Justice Kavanaugh.

Attorneys

Gustavo Galindez
Gustavo Galindez — Petitioner