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Christopher Anthony Mountjoy, Jr. v. Colorado

Paid petition · Supreme Court of Colorado, No. 16SC653 · judgment December 3, 2018

Certiorari denied · April 29, 2019

Pre-decision estimate: 5% cert probability (95% interval 3%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Whether the rule of United States v. Gaudin, 515 U.S. 506 (1995)—namely, that the Sixth Amendment requires juries to find not just historical facts but also that those facts satisfy the legal definitions of elements of offenses—applies to “sentencing factors” that are covered by Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
L. Andrew Cooper
Office of the Colorado Attorney General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

Apr 29 2019
Petition DENIED.
Apr 10 2019
DISTRIBUTED for Conference of 4/26/2019.
Apr 09 2019
Reply of petitioner Christopher Anthony Mountjoy, Jr. filed. (Distributed)
Mar 27 2019
Brief of State of Colorado in opposition not accepted for filing. (March 27, 2019) (Corrected electronic filing will be submitted)
Mar 27 2019
Brief of respondent State of Colorado in opposition filed. (4/1/2019)
Feb 25 2019
Brief amicus curiae of Colorado Criminal Defense Bar filed.
Feb 04 2019
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
Jan 31 2019
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
Jan 18 2019
Petition for a writ of certiorari filed. (Response due February 25, 2019) (Corrected appendix to the petition submitted 1/25/19)