No. 18-8090

Edward J. Zakrzewski, II v. Florida

Lower Court: Florida
Docketed: 2019-02-22
Status: Denied
Type: IFP
IFP
Tags: capital-punishment criminal-procedure death-penalty eighth-amendment florida-supreme-court fourteenth-amendment hurst-v-state jury-unanimity retroactive-application retroactivity savings-clause substantive-law
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2019-05-09
Question Presented (from Petition)

Whether the Florida Supreme Court's decision in Hurst v. State, 202 So. 3d 40 (Fla. 2016), which retroactively changed the elements necessary for imposition of a death sentence by requiring unanimous jury findings on aggravating factors, violates the Ex Post Facto Clause when applied to cases where the homicides occurred before Hurst was decided and the convictions and death sentences had become final before Hurst was decided.

Question Presented (AI Summary)

Whether the Eighth and Fourteenth Amendments require retroactive application of the Florida Supreme Court's decision in Hurst v. State to capital defendants whose convictions and sentences became final before the decision was issued

Docket Entries

2019-05-13
Petition DENIED.
2019-05-07
Reply of petitioner Edward Zakrzewski filed. (Distributed)
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-04
Brief of respondent State of Florida in opposition filed.
2019-03-27
Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2019.
2019-03-25
Motion to extend the time to file a response from March 25, 2019 to April 4, 2019, submitted to The Clerk.
2019-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)
2018-12-20
Application (18A651) granted by Justice Thomas extending the time to file until February 17, 2019.
2018-12-17
Application (18A651) to extend the time to file a petition for a writ of certiorari from December 19, 2018 to February 17, 2019, submitted to Justice Thomas.

Attorneys

Edward Zakrzewski
Martin J. McClainCCRC-South, Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent