No. 23A447

Constance Eileen Caswell v. Colorado

Lower Court: Colorado
Docketed: 2023-11-17
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: apprendi-rule elements-of-offense jury-trial prior-conviction sentencing-factors sixth-amendment
Latest Conference: N/A
Question Presented (from Petition)

This application does not contain a traditional "Question(s) Presented" section. The document is an Application for an Extension of Time to File a Petition for a Writ of Certiorari, not a petition itself.

However, the substantive question presented in this application appears in paragraph 2:

Whether a prior misdemeanor conviction can be used to transform a subsequent conviction for the same offense into a felony without a jury being required to find beyond a reasonable doubt that the defendant was in fact convicted of that first offense.

Question Presented (AI Summary)

Whether the Sixth Amendment requires a jury to find beyond a reasonable doubt that a prior misdemeanor conviction can be used to elevate a subsequent offense from a misdemeanor to a felony

Docket Entries

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

Constance Eileen Caswell
Neal Kumar KatyalHogan Lovells US LLP, Petitioner