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

Conference history
Distributed for 1 conference

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.
  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)