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Caswell v. Colorado

Petition for certiorari denied on July 2, 2024

Docket No. Op. Below Argument Opinion Vote Author Term
23-831 Colo. N/A N/A N/A N/A OT 2023

Issue: (1) 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 v. New Jersey; and (2) whether this court should overrule Almendarez-Torres v. United States as inconsistent with the Sixth Amendment as understood in Apprendi and its progeny.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/15/2023Application (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.
11/17/2023Application (23A447) granted by Justice Gorsuch extending the time to file until January 31, 2024.
01/31/2024Petition for a writ of certiorari filed. (Response due March 4, 2024)
02/15/2024Motion to extend the time to file a response from March 4, 2024 to April 18, 2024, submitted to The Clerk.
02/16/2024Motion to extend the time to file a response is granted and the time is extended to and including April 18, 2024.
03/04/2024Brief amicus curiae of National Association for Public Defense filed.
04/08/2024Motion to extend the time to file a response from April 18, 2024 to May 2, 2024, submitted to The Clerk.
04/09/2024Motion to extend the time to file a response is granted and the time is further extended to and including May 2, 2024.
05/02/2024Brief of respondent Colorado in opposition filed.
05/20/2024Reply of petitioner Constance Eileen Caswell filed. (Distributed)
05/21/2024DISTRIBUTED for Conference of 6/6/2024.
06/28/2024DISTRIBUTED for Conference of 7/1/2024.
07/02/2024Petition DENIED.