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Caswell v. Colorado

Certiorari Denied

Petition for certiorari denied on July 2, 2024.

Docket No.23-831
Op. BelowColo.

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.

Proceedings & orders timeline

Nov 15, 2023
Application (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.
Nov 17, 2023
Application (23A447) granted by Justice Gorsuch extending the time to file until January 31, 2024.
Jan 31, 2024
Petition for a writ of certiorari filed. (Response due March 4, 2024)
Feb 15, 2024
Motion to extend the time to file a response from March 4, 2024 to April 18, 2024, submitted to The Clerk.
Feb 16, 2024
Motion to extend the time to file a response is granted and the time is extended to and including April 18, 2024.
Mar 4, 2024
Brief amicus curiae of National Association for Public Defense filed.
Apr 8, 2024
Motion to extend the time to file a response from April 18, 2024 to May 2, 2024, submitted to The Clerk.
Apr 9, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including May 2, 2024.
May 2, 2024
Brief of respondent Colorado in opposition filed.
May 20, 2024
Reply of petitioner Constance Eileen Caswell filed. (Distributed)
May 21, 2024
DISTRIBUTED for Conference of 6/6/2024.
Jun 28, 2024
DISTRIBUTED for Conference of 7/1/2024.
Jul 2, 2024
Petition DENIED.

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