No. 18-9358

Robert Joe Long v. Florida

Lower Court: Florida
Docketed: 2019-05-20
Status: Denied
Type: IFP
IFP
Tags: civil-rights due-process execution-witness fifth-amendment fifth-amendment-due-process first-amendment first-amendment-free-speech fourteenth-amendment fourteenth-amendment-equal-protection religious-freedom sixth-amendment sixth-amendment-right-to-counsel
Key Terms:
AdministrativeLaw DueProcess FirstAmendment Punishment
Latest Conference: N/A
Question Presented (from Petition)

WHETHER THE FLORIDA DEPARTMENT OF CORRECTION'S RESTRICTIONS ON MR. LONG'S EXECTUION WITNESS AND REFUSING TO ALLOW HIM TO HAVE A NON-CLERGYMAN AS HIS SECOND WITNESS VIOLATES THE FIRST, FIFTH, SIXTH, AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUION?

WHETHER THE FLORIDA SUPREME COURT DECISION HOLDING MR. LONG IS NOT ENTILTED TO A NEW PENATLY PHASE PURSUANT TO HURST v. FLORIDA AND HURST v. STATE VIOLATES THE SIXTH, EIGHTH, AND FOURTEENTH AMENDMENTS WHERE THE DENIAL OF RELIEF IS ARBITRARY AND CAPRICIOUS AND CAUSES DISPARATE TREATMENT BETWEEN SIMILARLY SITUATED DEFENDANTS?

WHETHER THE FLORIDA SUPREME COURT DECISION UPHOLDING MR. LONG'S EXECUTION WITH ETOMIDATE AND HOLDING THAT MR. LONG WAS NOT ENTITLED TO AN EVIDENTAIRY HEARING ON THE CONSTITUTIONALITY OF FLORIDA'S LETHAL INJECTION PROTOCOL AND DENYING HIM THE OPPORTUNITY TO PRESENT EVIDENCE NOT PREVIOUSLY CONSIDERED BY THE STATE COURTS OF FLORIDA RESULTED IN A VIOLATION OF THE FIFTH, EIGHTH, AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION?

WHETHER MR. LONG'S EXECTUION AFTER THIRTY YEARS ON DEATH ROW CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT UNDER THE EIGHT H AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION?

Question Presented (AI Summary)

Whether the Florida Department of Correction's restrictions on Mr. Long's execution witness and refusing to allow him to have a non-clergyman as his second witness violates the First, Fifth, Sixth, and Fourteenth Amendments

Docket Entries

2019-05-23
Application (18A1202) referred to the Court.
2019-05-23
Petition DENIED.
2019-05-23
Application (18A1202) denied by the Court.
2019-05-22
Brief of respondent Florida in opposition filed.
2019-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 19, 2019)
2019-05-20
Application (18A1202) for a stay of execution of sentence of death, submitted to Justice Thomas.

Attorneys

Bobby Joe Long
Robert Anthony Norgard — Petitioner
State of Florida
Stephen D. AkeOffice of the Attorney General, Respondent