No. 24-5648

Aramian Scott v. Illinois

Lower Court: Illinois
Docketed: 2024-09-26
Status: Denied
Type: IFP
IFP
Tags: aggravating-factor constitutional-rights criminal-procedure due-process sentence-enhancement subject-matter-jurisdiction
Latest Conference: 2024-11-22
Question Presented (from Petition)

IS PETITIONER 'S 25-YEAR SENTENCE ENHANCEMENT, FOR PERSONAL DISCHARGE OF A FIREARM VOID, WHERE THE STATE COURT LACKED SUBJECT MATTER JURISDICTION TO ENTER JUDGMENT, WHERE PETITIONER WAS NOT GIVEN WRITTEN NOTICE OF THE AGGRAVATING FACTOR IN HIS INDICTMENT AND/OR BEFORE TRIAL, AND WHERE THE AGGRAVATING FACTOR WAS NEVER SUBMITTED TO THE JURY AS AN AGGRAVATING FACTOR; IN VIOLATION OF STATE STATUTORY LAW, AND PETITIONER 'S SUBSTANTIVE DUE PROCESS RIGHTS UNDER ART. 1 SEC. 2 AND 8, IL CONST.; AND THE 5th, 6th, AND 14th AMEND. UNDER THE U.S. CONST.

Question Presented (AI Summary)

Whether a 25-year sentence enhancement is void due to lack of subject matter jurisdiction, insufficient notice, and failure to submit an aggravating factor to the jury

Docket Entries

2024-11-25
Petition DENIED.
2024-11-07
DISTRIBUTED for Conference of 11/22/2024.
2024-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2024)

Attorneys

Aramian Scott
Aramian Scott — Petitioner