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Bernard Morello v. Texas
Paid petition · Supreme Court of Texas, No. 16-0457 · judgment February 23, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Does a properly enacted state statute imposing fines and penalties violate the Eighth Amendment of the United States Constitution if the state applies the statute arbitrarily and abusively? Does the Fourteenth Amendment require states to consider substantive and procedural due process protections when imposing state statutory fines and penalties? Does the Texas Supreme Court’s “shocking the senses of mankind” standard for considering the constitutionality of statutory fines and penalties without regard to proportionality violate the Eighth and Fourteenth Amendments to the United States Constitution?
Counsel of record
For petitioner
William L Bowers Jr.
Lucci Smith Law Firm
For respondent
Craig J. Pritzlaff
Office of the Attorney General of Texas
Proceedings
- Nov 19 2018Petition DENIED.
- Oct 31 2018DISTRIBUTED for Conference of 11/16/2018.
- Oct 16 2018Waiver of right of respondent Texas to respond filed.
- Oct 10 2018Petition for a writ of certiorari filed. (Response due November 13, 2018)
- Sep 13 2018Application (18A266) granted by Justice Alito extending the time to file until October 10, 2018.
- Sep 10 2018Application (18A266) to extend the time to file a petition for a writ of certiorari from September 20, 2018 to October 10, 2018, submitted to Justice Alito.