Thursday, December 06, 2012

Cert filing on mandatory minimums

As Carl blogged about (here), the SCOTUS has granted cert in a case this term to consider whether facts that increase a mandatory minimum sentence should be proved to a jury beyond a reasonable doubt.  We have been periodically (and unsuccessfully) filing cert petitions on that very issue almost since Apprendi was decided (as blogged about here and here).  In fact, my very first cert petition was filed seeking review of State v. Conley and seeking application of Apprendi to the Kansas hard-50 sentencing scheme.

Here is a recent cert petition that Joanna Labastida and I filed post-Alleyne grant reiterating the Due Process and Jury Trial Clause argument.  If the SCOTUS decides to reverse or modify its caselaw regarding mandatory minimums it could have an impact on Conley too.  So keep objecting at any hard-50 sentencing!

[Update: the SCOTUS requested that the state filed a response to Mr. Astorga's petition.  It is due on February 8, 2013.]

[Further update: here is the state's response.]

[Further update:  on June 24, 2013, the SCOTUS granted a GVR (certiorari granted, judgment vacated, and case remanded).  Carl blogged about this here.]

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