No. 21-483

David Klug v. Florida

Lower Court: Florida
Docketed: 2021-10-01
Status: Denied
Type: Paid
Response Waived
Tags: charging-document criminal-charging due-process fifth-amendment jury-unanimity lewd-and-lascivious-molestation sexual-offenses sixth-amendment
Latest Conference: 2021-11-19
Question Presented (from Petition)

Whether a state prosecuting authority may bundle several single-act offenses concerning the lewd and lascivious molestation of a minor into the same single count of a charging document without violating the Fifth and Sixth Amendments' right to due process and jury unanimity?

Asked differently, do the Fifth and Sixth Amendments, as applied to the States through the Fourteenth Amendment, allow for a series of sexual offenses committed at different times over an extended period on the same victim, either directly or through a charge of lewd and lascivious molestation based on those same underlying offenses, to be joined in a single count in the same charging document?

Question Presented (AI Summary)

Whether a state prosecuting authority may bundle several single-act offenses concerning the lewd and lascivious molestation of a minor into the same single count of a charging document without violating the Fifth and Sixth Amendments' right to due process and jury unanimity?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-11-01
Waiver of right of respondent State of Florida to respond filed.
2021-09-29
Petition for a writ of certiorari filed. (Response due November 1, 2021)

Attorneys

David Klug
Fritz SchellerFritz Scheller, P.L., Petitioner
State of Florida
Kristen Lynn DavenportSuite 500, Respondent