Supreme Court Report

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Robert L. Garza v. Donald Kleine, et al.

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 20-2045 · judgment September 17, 2020

Certiorari denied · October 4, 2021

Questions presented

  1. Does a judge exceed his legal authority by making factual findings by a preponderance of the evidence which expose a defendant to the elevated upper term sentence ?

  2. Does a violation of the six month speedy trial constitute a violation of the Sixth Amendment under the U.S. Constitution ?

Counsel of record

For petitioner
Robert Garza

For respondent
James A. Campbell
Nebraska Attorney General's Office

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 12 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 26 2021
    Waiver of right of respondent Doug Peterson to respond filed.
    Main Document
  4. Jan 28 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2021)
    Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service