No. 18-5091

Kevin Don Foster v. Florida

Lower Court: Florida
Docketed: 2018-07-02
Status: Denied
Type: IFP
IFP
Tags: apprendi-v-new-jersey capital-punishment death-penalty death-penalty-retroactivity eighth-amendment equal-protection fourteenth-amendment hurst-v-florida retroactivity ring-v-arizona
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Does the Florida Supreme Court's partial retroactivity approach providing
for relief pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016) and Hurst v.
State, 202 So. 3d 40 (Fla. 2016) to death sentenced prisoners whose
sentences became final after Ring v. Arizona, 536 U.S. 584 (2002) but
excluding relief for those who death sentences became final during the time
period between Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring,
violate the violate the Eighth and Fourteenth Amendments to the United
States Constitution?

Question Presented (AI Summary)

Whether the Florida Supreme Court's partial retroactivity approach for Hurst relief violates the Eighth and Fourteenth Amendments

Docket Entries

2018-10-01
Petition DENIED.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-08
Reply of petitioner Kevin Foster filed. (Distributed)
2018-07-25
Brief of respondent State of Florida in opposition filed.
2018-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2018)
2018-04-23
Application (17A1135) granted by Justice Thomas extending the time to file until June 28, 2018.
2018-04-16
Application (17A1135) to extend the time to file a petition for a writ of certiorari from April 29, 2018 to June 28, 2018, submitted to Justice Thomas.

Attorneys

Kevin Foster
Scott Michael GavinCaptial Collateral Regional Counsel-South, Petitioner
State of Florida
Stephen D. Ake — Respondent