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Deyton v. Keller

Certiorari Denied

Petition for certiorari denied on January 22, 2013.

Docket No.12-6230
Op. Below4th Cir.

Issue

(1) For purposes of federal habeas review, has the U.S. Supreme Court clearly established the rule that due process prohibits a state court judge from taking into account his own religious beliefs in sentencing a defendant? (2) Did the state court judge violate petitioners" due process rights when the judge told petitioners, following their guilty plea to the robbery at a church, that they had stolen God"s money intended for the establishment of a religious kingdom on earth and then sentenced each of them to 53 to 71 years? (3) Did the sentences of petitioners, who were adolescents without any serious prior record and did not harm anyone in the robbery, violate the Eighth Amendment"s prohibition against cruel and unusual punishment?

Proceedings & orders timeline

Sep 13, 2012
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2012)
Sep 20, 2012
Waiver of right of respondents Alvin William Keller, Jr., Secretary, North Carolina Department of Correction, et al. to respond filed.
Oct 4, 2012
DISTRIBUTED for Conference of October 26, 2012.
Oct 22, 2012
Response Requested . (Due November 21, 2012)
Nov 9, 2012
Brief of respondents Alvin William Keller, Jr., Secretary, North Carolina Department of Correction, et al. in opposition filed.
Nov 21, 2012
DISTRIBUTED for Conference of December 7, 2012.
Nov 27, 2012
Record Requested .
Nov 30, 2012
Record received from the U.S. District Court Western District of North Carolina (Asheville) (Electronically)
Dec 3, 2012
Record received from U.S. Court of Appeals for the Fourth Circuit (1 folder).
Dec 6, 2012
DISTRIBUTED for Conference of January 4, 2013.
Jan 7, 2013
DISTRIBUTED for Conference of January 11, 2013.
Jan 14, 2013
DISTRIBUTED for Conference of January 18, 2013.
Jan 22, 2013
Petition DENIED.
Jun 7, 2013
Record returned to U. S. Court of Appeals for the Fourth Circuit (1 folder).

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