No. 18-5437
Gary Richard Whitton v. Florida
IFP
Tags: advisory-jury capital-sentencing capricious due-process eighth-amendment equal-protection equal-protection-clause jury-trial jury-trial-rights retroactivity
Latest Conference:
2018-10-05
Question Presented (from Petition)
1. whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits upon a state court's power to declare unconventional rules of retroactivity, and whether those limits were transgressed here.
2. whether it violates the Eighth and Fourteenth Amendments for a Florida capital sentencing jury to be told their decision is merely advisory.
Question Presented (AI Summary)
Whether the Fourteenth Amendment's guarantee of Equal Protection and the Eighth Amendment's prohibition of capricious capital sentencing impose limits upon a state court's power to declare unconventional rules of retroactivity
Docket Entries
2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-04
Brief of respondent State of Florida in opposition filed.
2018-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2018)
2018-06-06
Application (17A1330) granted by Justice Thomas extending the time to file until July 26, 2018.
2018-05-29
Application (17A1330) to extend the time to file a petition for a writ of certiorari from June 11, 2018 to July 26, 2018, submitted to Justice Thomas.
Attorneys
Gary Whitton
Mark Evan Olive — Law Office of Mark E. Olive, P.A., Petitioner
State of Florida
Carolyn M. Snurkowski — Office of the Attorney General, Respondent