Supreme Court Report

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


Certiorari denied · November 15, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. 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.

  2. 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

  1. Nov 15 2021
    Petition DENIED.
  2. Oct 27 2021
    DISTRIBUTED for Conference of 11/12/2021.
  3. Oct 19 2021
    Waiver of right of respondent Kansas to respond filed.
  4. Oct 13 2021
    Petition for a writ of certiorari filed. (Response due November 15, 2021)