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Chad Bennett v. Washington

Paid petition · Court of Appeals of Washington, Division 3, No. 35297-8-III · judgment June 25, 2020


Certiorari denied · June 7, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In a state with mandatory sentencing guidelines, where a judge may not sentence a defendant above the guidelines range unless the jury finds an aggravating factor beyond a reasonable doubt, may defendants challenge those aggravating factors as vague in violation of the Due Process Clause of the Fourteenth Amendment?

Counsel of record

For petitioner
Lila J. Silverstein
Washington Appellate Project

For respondent
Garth Louis Dano
Grant County Prosecutor

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 07 2021
    Petition DENIED.
  2. May 18 2021
    DISTRIBUTED for Conference of 6/3/2021.
  3. May 17 2021
    Reply of petitioner Chad Bennett filed. (Distributed)
  4. May 04 2021
    Brief of respondent Washington in opposition filed.
  5. Mar 19 2021
    Motion to extend the time to file a response is granted and the time is extended to and including May 5, 2021.
  6. Mar 18 2021
    Motion to extend the time to file a response from April 5, 2021 to May 5, 2021, submitted to The Clerk.
  7. Mar 05 2021
    Response Requested. (Due April 5, 2021)
  8. Mar 03 2021
    DISTRIBUTED for Conference of 3/19/2021.
  9. Feb 09 2021
    Waiver of right of respondent State of Washington to respond filed.
  10. Jan 29 2021
    Petition for a writ of certiorari filed. (Response due March 8, 2021)