No. 23-831
Constance Eileen Caswell v. Colorado
Tags: almendarez-torres apprendi-rule criminal-procedure due-process felony-enhancement jury-determination jury-trial misdemeanor-elevation prior-conviction sentencing sixth-amendment
Latest Conference:
2024-07-01
(distributed 2 times)
Question Presented (from Petition)
1. Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense that must be found by a jury beyond a reasonable doubt under Apprendi v. New Jersey, 530 U.S. 466 (2000).
2. Whether this Court should overrule Almendarez-Torres v. United States, 523 U.S. 224 (1998), as inconsistent with the Sixth Amendment as understood in Apprendi and its progeny.
Question Presented (AI Summary)
Whether a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense that must be found by a jury beyond a reasonable doubt under Apprendi v. New Jersey
Docket Entries
2024-07-02
Petition DENIED.
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-05-20
Reply of petitioner Constance Eileen Caswell filed. (Distributed)
2024-05-02
Brief of respondent Colorado in opposition filed.
2024-04-09
Motion to extend the time to file a response is granted and the time is further extended to and including May 2, 2024.
2024-04-08
Motion to extend the time to file a response from April 18, 2024 to May 2, 2024, submitted to The Clerk.
2024-03-04
Brief amicus curiae of National Association for Public Defense filed.
2024-02-16
Motion to extend the time to file a response is granted and the time is extended to and including April 18, 2024.
2024-02-15
Motion to extend the time to file a response from March 4, 2024 to April 18, 2024, submitted to The Clerk.
2024-01-31
Petition for a writ of certiorari filed. (Response due March 4, 2024)
2023-11-17
Application (23A447) granted by Justice Gorsuch extending the time to file until January 31, 2024.
2023-11-15
Application (23A447) to extend the time to file a petition for a writ of certiorari from January 1, 2024 to February 16, 2024, submitted to Justice Gorsuch.
Attorneys
Colorado
Shannon Wells Stevenson — Colorado Department of Law, Respondent
Constance Eileen Caswell
Neal Kumar Katyal — Hogan Lovells US LLP, Petitioner
National Association for Public Defense