aggravating-factor
10 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-5648 | Aramian Scott v. Illinois | Illinois | 2024-09-26 | Denied | IFP | aggravating-factor constitutional-rights criminal-procedure due-process sentence-enhancement subject-matter-jurisdiction | IS PETITIONER 'S 25-YEAR SENTENCE ENHANCEMENT, FOR PERSONAL DISCHARGE OF A FIREARM VOID, WHERE THE STATE COURT LACKED SUBJECT MATTER JURISDICTION TO E… |
| 23-7727 | Everett G. Miller v. Florida | Florida | 2024-06-14 | Denied | IFP | aggravating-factor constitutional-challenge constitutional-law cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-statute | Whether the Florida Supreme Court's expansion of the applicability of our statute's aggravating factor, Section 921.141(5)(i), i.e., the murder was co… |
| 21-5515 | Kenneth Hairston v. Pennsylvania | Pennsylvania | 2021-08-30 | Denied | IFP | aggravating-factor criminal-procedure death-penalty felony-convictions ineffective-assistance prosecutorial-misconduct victim-impact victim-impact-testimony | TRIAL COUNSEL GAVE INEFFECTIVE ASSISTANCE FOR FAILING TO OBJECT TO THE PROSECUTOR'S IMPROPER ARGUMENT REGARDING VICTIM IMPACT TESTIMONY USED TO SUPPOR… |
| 20-8048 | James Terry Colley, Jr. v. Florida | Florida | 2021-05-17 | Denied | IFP | 14th-amendment 8th-amendment aggravating-factor constitutional-challenge cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-scheme | Whether the Florida Supreme Court's expansion of the applicability of our statute's aggravating factor, Section 921.141(5)(i), i.e., the murder was es… |
| 20-7592 | Alan Eugene Miller v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2021-03-29 | Denied | IFP | aggravating-factor aggravating-factors caldwell-v-mississippi capital-sentencing death-penalty eighth-amendment jury-instructions jury-verdict sixth-amendment | After petitioner Alan Miller was convicted of murder, the trial judge instructed the jurors that their penalty-phase verdict was merely an advisory re… |
| 19-7759 | Lyarron T. Emers v. Illinois | Illinois | 2020-02-24 | Denied | Response WaivedIFP | 5th-amendment aggravating-factor constitutional-rights due-process fifth-amendment pre-sentence-investigation right-to-remain-silent right-to-silence sentencing sentencing-discretion | Is People v. Emers IL App (4th) 170254-0 parallel to People v. Maggio IL App (4th) 150287? How is it not unconstitutional, if comments are made on a … |
| 19-7711 | John Patrick Vescuso v. United States | Ninth Circuit | 2020-02-19 | Denied | Response WaivedIFP | aggravating-factor apprendi apprendi-error circuit-split criminal-procedure indictment prejudice sentencing | When assessing if a defendant was prejudiced by a district court's imposing a sentence greater than the maximum authorized by the charge in the indict… |
| 19-697 | James Dwight Pavatt v. Tommy Sharp, Interim Warden | Tenth Circuit | 2019-12-03 | Denied | Amici (2) | aggravating-factor aggravating-factors arbitrary-application capital-punishment capital-punishment-sentencing capital-sentence cruel-and-unusual-punishment death-penalty eighth-amendment fourteenth-amendment habeas-corpus procedural-bar procedural-ruling | A divided panel of the Tenth Circuit, sitting en banc, vacated a panel opinion that reversed a capital sentence on the ground that the sentence rested… |
| 18-9219 | Yaqob Tafan Thomas v. Joseph P. Meko, Warden | Sixth Circuit | 2019-05-09 | Denied | Response WaivedIFP | aggravating-factor alternative-means burden-of-proof constitutional-challenge constitutional-scrutiny due-process jury-instructions presumption richardson-v-us-schad-v-arizona | 1. DOES IT VIOLATE THE DUE PROCESS CLAUSE WHEN A STATE INTENTIONALLY REFUSES TO DEFINE EVERY ELEMENTAL FACT IN "ALTERNATIVE MEANS" STATUTE THEREBY CR… |
| 18-6590 | Salah Mohamed v. United States | Fourth Circuit | 2018-11-07 | Denied | Response WaivedIFP | abuse-of-discretion aggravating-factor due-process escape flight-risk immigration naturalization naturalized-defendant sentencing-discretion sentencing-guidelines statutory-maximum | Does a court abuse its discretion under the United States Sentencing Guidelines by sentencing a naturalized defendant more than three times above his … |