No. 18-8453
IFP
Tags: binding-precedent capital-sentencing constitutional-rights death-penalty death-penalty-sentencing due-process federal-constitutional-rights jury-instructions jury-responsibility jury-verdict sentencing-process structural-error unanimous-verdict
Latest Conference:
2019-05-23
Question Presented (from Petition)
1. Whether structural error occurs when, after having been affirmatively misled
regarding its role in the sentencing process so as to diminish its sense of responsibility, the jury
fails to return a verdict as to multiple critical elements necessary to impose the death penalty.
2. Whether structural error occurs when, after having been affirmatively misled regarding
its role in the sentencing process so as to diminish its sense of responsibility, the jury fails to
unanimously return factual findings or a unanimous verdict for the death penalty.
Question Presented (AI Summary)
Whether structural error occurs when the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty
Docket Entries
2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-29
Reply of petitioner DUSTY SPENCER filed.
2019-04-18
Brief of respondent State of Florida in opposition filed.
2019-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)
Attorneys
DUSTY SPENCER
State of Florida
Carolyn M. Snurkowski — Office of the Attorney General, Respondent