No. 20-5801
Tags: constitutional-rights eighth-amendment eighth-amendment-claims federal-habeas-review federal-review habeas-corpus legal-precedent state-court-decisions supremacy-clause virginia-v-leblanc
Latest Conference:
2021-01-08
(distributed 2 times)
Question Presented (from Petition)
Whether Florida courts are refusing to consider Eighth Amendment claims in violation of the Supremacy Clause by treating Virginia v. LeBlanc, 137 S. Ct. 1726 (2017) ( per curiam ), a case arising under federal habeas review, as a decision on the merits of the Eighth Amendment issue?
Question Presented (AI Summary)
Whether Florida courts are refusing to consider Eighth Amendment claims in violation of the Supremacy Clause by treating Virginia v. LeBlanc, 137 S. Ct. 1726 (2017) (per curiam), a case arising under federal habeas review, as a decision on the merits of the Eighth Amendment issue?
Docket Entries
2021-01-11
Petition DENIED.
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-12-14
Reply of petitioner James Rogers submitted.
2020-12-03
Brief of respondent State of Florida in opposition filed.
2020-11-03
Response Requested. (Due December 3, 2020)
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-26
Waiver of right of respondent State of Florida to respond filed.
2020-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)
Attorneys
James Rogers
Paul Edward Petillo — Office of the Public Defender, Petitioner
State of Florida
Amitabh Agarwal — Office of the Attorney General, Respondent