Supreme Court of the United States · Official docket →
Benjamin A. Appleby v. Kansas
Paid petition · Supreme Court of Kansas, No. 122,281 · judgment April 30, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Fourteenth Amendment’s guarantee of procedural due process is violated when a State supreme court refuses to enforce its legislature’s directive that all prisoners subjected to the State’s unconstitutional judicially-decided enhanced-punishment scheme must be resentenced, thereby depriving those aggrieved of a valuable, statutorily-vested liberty interest.
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Whether the Sixth Amendment’s guarantee of a trial by jury requires a remand for a full resentencing trial after an Alleyne violation is recognized.
Counsel of record
For petitioner
Jonathan Louis Laurans
Jonathan Laurans, Esq.
For respondent
Kristafer Ross Ailslieger
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, November 15, 2021 · Certiorari denied
Proceedings
- Nov 15 2021Petition DENIED.
- Oct 27 2021DISTRIBUTED for Conference of 11/12/2021.
- Oct 19 2021Waiver of right of respondent Kansas to respond filed.
- Oct 13 2021Petition for a writ of certiorari filed. (Response due November 15, 2021)