No. 21-60

Logan Brooks Drinkard v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-07-16
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-law criminal-conviction criminal-procedure double-jeopardy greater-offense jury-verdict lesser-included-offense
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (from Petition)

In a case where the prosecuti on charged both a
greater offense and a lesser included offense in the
same charging document, and where the jury found the
Petitioner guilty of the greater offense – but not guilty
of the lesser included offense – whether consti tutional
doubl e jeopardy principles prohi bit a convi ction on the
greater offense in light of the jury's not guilty verdi ct
for the l esser i ncluded offense.

Question Presented (AI Summary)

Whether constitutional double jeopardy principles prohibit a conviction on a greater offense when the jury found the defendant not guilty of a lesser included offense

Docket Entries

2021-10-04
Petition DENIED.
2021-09-01
DISTRIBUTED for Conference of 9/27/2021.
2021-08-23
Waiver of right of respondent state of florida to respond filed.
2021-07-01
Petition for a writ of certiorari filed. (Response due August 16, 2021)

Attorneys

Logan Brooks Drinkard
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
state of florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent