No. 25-6472
Roberto Lopez-Ortiz v. Massachusetts
Response WaivedIFP
Tags: criminal-offense direct-review due-process felony-murder retroactive-application substantive-change
Latest Conference:
2026-02-20
Question Presented (from Petition)
Roberto Lopez -Ortiz is serving life in prison for an offense that no longer exist s. He fully preserve d his challenge to second -degree felony -murder at trial and, while his direct appeal was pending, the state supreme court abolish ed that offense for the same reasons that he asserted .
Consistent with due process, must this substantive change to the offense apply to him on direct review ?
Question Presented (AI Summary)
Whether a substantive change to a criminal offense must apply retroactively to a defendant on direct review when the change abolishes the offense for the same reasons the defendant originally challenged it
Docket Entries
2026-02-23
Petition DENIED.
2026-02-05
DISTRIBUTED for Conference of 2/20/2026.
2026-01-28
Waiver of right of respondent Massachusetts to respond filed.
2025-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 2, 2026)
2025-08-26
Application (25A220) granted by Justice Jackson extending the time to file until December 22, 2025.
2025-08-23
Application (25A220) to extend the time to file a petition for a writ of certiorari from October 23, 2025 to December 22, 2025, submitted to Justice Jackson.
Attorneys
Massachusetts
Roberto Lopez-Ortiz
David James Nathanson — Jellison & Nathanson, LLP, Petitioner