No. 20-7648

Kesner V. Joaseus, Jr. v. Florida

Lower Court: Florida
Docketed: 2021-04-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: age constitutional-law criminal-justice culpability due-process eighth-amendment fourteenth-amendment juvenile-sentencing retroactive-application retroactivity sentencing
Latest Conference: 2021-05-20
Question Presented (from Petition)

Whether the proportionality principle & the Eighth Amendment of the U.S. Constitution has been violated by the sentencing court's failure to take into account that Petitioner's age of being 48 on the date of the offenses renders him less culpable than an adult here, imposing a penalty in light of new scientific developments.

Whether a new substantive rule of constitutional law supported by the Eighth and Fourteenth Amendments of the U.S. Constitution that requires sentencing courts to consider that defendants who were eighteen at the time of the offenses are less culpable than adults qualify for retroactive application.

Question Presented (AI Summary)

whether-the-proportionality-principle-&-the-eighth-amendment-has-been-violated

Docket Entries

2021-05-24
Petition DENIED.
2021-05-05
DISTRIBUTED for Conference of 5/20/2021.
2021-05-03
Waiver of right of respondent Florida to respond filed.
2021-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2021)

Attorneys

Florida
Celia A. Terenzio — Respondent
Kesner Joaseus
Kesner V. Joaseus Jr. — Petitioner