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Jheshua Daniel Jackson v. Colorado

Paid petition · Court of Appeals of Colorado, No. 17CA1826 · judgment September 2, 2021


Certiorari denied · January 9, 2023
Pre-decision estimate: 1% cert probability

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

Question presented

Long before Justice Hugo Black emphasized that a “person’s . . . right to his day in court” is “basic in our system of jurisprudence,” In re Oliver, 333 U.S. 257, 273 (1948), the First Congress convened under our Constitution added the Sixth Amendment to our National Charter, which “stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not ‘still be done.’” Johnson v. Zerbst, 304 U.S. 458, 462 (1938) (quoting Palko v. Connecticut, 302 U.S. 319, 325 (1937)). Indeed, [f]rom the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law]. Gideon v. Wainwright, 372 U.S. 335, 344 (1963). At a minimum, the Constitution guarantees that a “defendant in a criminal case” has the constitutional right to, among other things, “notice and opportunity to answer the charge” and a “trial according to the established course of judicial proceedings.” Powell v. Alabama, 287 U.S. 45, 49 (1932). The Petitioner, Mr. Jheshua Daniel Jackson, confronted criminal allegations related to his alleged use of another person’s credit card. During his trial, a Colorado judge refused his request to revoke his decision to represent himself while simultaneously holding him in criminal contempt and banishing him from his own criminal trial. Consequently, Mr. Jackson was tried in absentia and convicted of one felony and three misdemeanor charges.

Counsel of record

For petitioner
Edward Mark Wenger
Holtzman Vogel Baran Torchinsky & Josefiak PLLC

For respondent
Jillian Joy Price
Colorado Attorney General's Office

Case

Conference history
Distributed for 1 conference

Linked docket
22A310

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 21 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 14 2022
    Waiver of right of respondent State of Colorado to respond filed.
  4. Nov 22 2022
    Petition for a writ of certiorari filed. (Response due December 28, 2022)
  5. Oct 14 2022
    Application (22A310) granted by Justice Gorsuch extending the time to file until November 22, 2022.
  6. Oct 11 2022
    Application (22A310) to extend the time to file a petition for a writ of certiorari from October 23, 2022 to December 22, 2022, submitted to Justice Gorsuch.