No. 18-8116

Budry Michel v. Florida

Lower Court: Florida
Docketed: 2019-02-26
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 8th-amendment due-process eighth-amendment eighth-amendment,federal-habeas,state-court,merits federal-courts federal-habeas federal-review habeas habeas-corpus juvenile-sentencing merits parole-eligibility plain-language standing state-court state-court-interpretation state-courts
Latest Conference: 2019-03-22
Question Presented (from Petition)

1. The Florida Supreme Court held, contrary to the plain language of this
Court, and contrary to the holdings of the high courts of other states, that this
Court ruled on the merits of the underlying Eighth Amendment claim in Virginia v.
LeBlanc, 582 U.S. ——, 137 S.Ct. 1726, 198 L.Ed.2d 186 (2017). The question
presented is:

Whether a state court can treat a federal habeas decision of this Court as a
ruling on the merits contrary to the plain language of the decision?

2. Whether former juvenile offenders sentenced to life imprisonment with
parole eligibility after 25 years are afforded a meaningful opportunity to obtain
release under the Eighth Amendment when parole officials are not required to
consider maturity and rehabilitation or the mitigating attributes of youth?

Question Presented (AI Summary)

Whether a state court can treat a federal habeas decision of this Court as a ruling on the merits contrary to the plain language of the decision?

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-03-04
Waiver of right of respondent State of Florida to respond filed.
2019-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2019)
2019-01-09
Application (18A705) granted by Justice Thomas extending the time to file until February 21, 2019.
2018-12-31
Application (18A705) to extend the time to file a petition for a writ of certiorari from January 22, 2019 to February 21, 2019, submitted to Justice Thomas.

Attorneys

Budry Michel
Paul Edward PetilloOffice of the Public Defender, Petitioner
State of Florida
Celia A. Terenzio — Respondent