Supreme Court of the United States · Official docket →
Constance Eileen Caswell v. Colorado
Paid petition · Supreme Court of Colorado, No. 21SC749 · judgment October 3, 2023
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 a prior misdemeanor conviction that elevates a subsequent offense from a misdemeanor to a felony is an element of the subsequent offense that must be found by a jury beyond a reasonable doubt under Apprendi Apprendi v. New Jersey, 530 U.S. 466 (2000).
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Whether this Court should overrule AlmendarezAlmendarezTorres v. United States, 523 U.S. 224 (1998), as inconsistent with the Sixth Amendment as understood in Apprendi and its progeny. Apprendi (i)
Counsel of record
For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP
For respondent
Shannon Wells Stevenson
Colorado Department of Law
Proceedings
- Jul 02 2024Petition DENIED.
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- May 21 2024DISTRIBUTED for Conference of 6/6/2024.
- May 20 2024Reply of petitioner Constance Eileen Caswell filed. (Distributed)
- May 02 2024Brief of respondent Colorado in opposition filed.
- Apr 09 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 2, 2024.
- Apr 08 2024Motion to extend the time to file a response from April 18, 2024 to May 2, 2024, submitted to The Clerk.
- Mar 04 2024Brief amicus curiae of National Association for Public Defense filed.
- Feb 16 2024Motion to extend the time to file a response is granted and the time is extended to and including April 18, 2024.
- Feb 15 2024Motion to extend the time to file a response from March 4, 2024 to April 18, 2024, submitted to The Clerk.
- Jan 31 2024Petition for a writ of certiorari filed. (Response due March 4, 2024)
- Nov 17 2023Application (23A447) granted by Justice Gorsuch extending the time to file until January 31, 2024.
- Nov 15 2023Application (23A447) to extend the time to file a petition for a writ of certiorari from January 1, 2024 to February 16, 2024, submitted to Justice Gorsuch.