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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
Conference history
Distributed for 1 conference
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)