Smack v. Debalso

This is a habeas corpus petition challenging the state sentence of a man convicted of drug crimes because the court used evidence at the sentencing that was not subject to adversarial dispute and did not meet the requisite threshold of proof.

This is a habeas corpus petition challenging the state sentence of a man convicted of drug crimes because the court used evidence at the sentencing that was not subject to adversarial dispute and did not meet the requisite threshold of proof. We filed a motion for leave to file an amicus brief in support of petitioner (along with the brief) in February and it was accepted on May 11. The State’s answering brief was filed July 6, 2020. See all documentation to date below.

Petitioner’s Brief

ACLU’s Amicus

State’s Response

Petitioner’s Reply