No. 19-5832

Daniel G. Durain v. Florida

Lower Court: Florida
Docketed: 2019-09-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law criminal-procedure due-process endangered-species-act environmental-regulation evidence federal-agency-discretion habitat-conservation judicial-interpretation jury-instructions mens-rea premeditation reasonable-doubt
Latest Conference: 2019-11-01
Question Presented (from Petition)

In a First degree premeditated murder trial, can motive be used to establish premeditation?

If so, is a defendant's conviction unconstitutional where the trial judge determined that motive was not proven beyond a reasonable doubt and premeditation was solely inferred from the alleged motive?

Question Presented (AI Summary)

Can motive be used to establish premeditation?

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-07
Waiver of right of respondent Florida to respond filed.
2019-06-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2019)

Attorneys

Daniel G. Durain
Daniel G. Durain — Petitioner
Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent