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Marcus Snipes v. Florida

IFP petition · District Court of Appeal of Florida, Second District, No. 2D20-1760 · judgment January 8, 2021

Certiorari denied · October 4, 2021

Question presented

In Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), the Court held that “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to the jury and proved beyond reasonable doubt.” The question presented is: WHETHER THE STATE CAN AVOID APPRENDI’S REACH BY WRITING ITS PENAL STATUTES SO THAT A FACT THAT INCREASES THE PENALTY FOR A CRIME INSTEAD BECOMES A FACT THAT DECREASES THE PENALTY.

Counsel of record

For petitioner
Marcus Snipes

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

Oct 04 2021
Petition DENIED.
Aug 12 2021
DISTRIBUTED for Conference of 9/27/2021.
Jun 09 2021
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2021)
Motion for Leave to Proceed in Forma Pauperis Petition Proof of Service Appendix