No. 18-1306
Amici (3)
Experienced Counsel
Tags: advisory-jury capital-punishment capital-sentencing death-penalty florida-supreme-court harmless-error hurst-v-florida judge-sentencing jury-trial jury-verdict sixth-amendment structural-error
Key Terms:
Punishment HabeasCorpus Securities
Punishment HabeasCorpus Securities
Latest Conference:
2019-10-01
Question Presented (from Petition)
1. Whether a judge-imposed death sentence that violates Hurst is a structural error requiring reversal of the sentence.
2. Whether a Hurst violation may automatically be deemed "harmless beyond a reasonable doubt" based solely on the fact that the jury, in an advisory capacity, unanimously recommended a death sentence.
Question Presented (AI Summary)
Whether a judge-imposed death sentence that violates Hurst is a structural error requiring reversal of the sentence
Docket Entries
2019-10-07
Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari: I dissent for the reasons set out in Reynolds v. Florida, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).
2019-09-04
DISTRIBUTED for Conference of 10/1/2019.
2019-09-04
Reply of petitioner Fred Anderson Jr. filed. (Distributed)
2019-08-15
Brief of respondent State of Florida in opposition filed.
2019-06-27
Motion to extend the time to file a response is granted and the time is further extended to and including August 15, 2019.
2019-06-25
Motion to extend the time to file a response from July 1, 2019 to August 15, 2019, submitted to The Clerk.
2019-05-16
Brief amicus curiae of The Rutherford Institute filed.
2019-05-16
Brief amici curiae of Retired Florida Judges and Jurists filed.
2019-05-15
Brief amici curiae of Florida Center for Capital Representation at FIU College of Law, et al. filed.
2019-05-10
Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019.
2019-05-08
Motion to extend the time to file a response from May 16, 2019 to July 1, 2019, submitted to The Clerk.
2019-04-15
Petition for a writ of certiorari filed. (Response due May 16, 2019)
2019-01-30
Application (18A782) granted by Justice Thomas extending the time to file until April 13, 2019.
2019-01-25
Application (18A782) to extend the time to file a petition for a writ of certiorari from February 12, 2019 to April 13, 2019, submitted to Justice Thomas.
Attorneys
Florida Center for Capital Representation at FIU College of Law, Florida Assn. of Criminal Defense Lawyers, Florida Assn. of Public Defenders, Florida Assn. of Criminal Defense Lawyers (Miami-Dade Chapter)
Kristen M. Fiore — Akerman LLP, Amicus
Fred Anderson Jr.
Elisabeth Susan Theodore — Arnold & Porter Kaye Scholer LLP, Petitioner
Retired Florida Judges and Jurists
Ilana Hope Eisenstein — Amicus
State of Florida
Amitabh Agarwal — Office of the Attorney General, Respondent
The Rutherford Institute
Keith Bradley — Squire Patton Boggs (U.S.) LLP, Amicus