No. 25-6472

Roberto Lopez-Ortiz v. Massachusetts

Lower Court: Massachusetts
Docketed: 2026-01-02
Status: Denied
Type: IFP
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
Jennifer Kay ZalnaskyOffice of the Attorney General of Massachusetts, Respondent
Roberto Lopez-Ortiz
David James NathansonJellison & Nathanson, LLP, Petitioner