No. 21-7705

Nolan Woods v. Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acquittal appellate-review constitutional-law criminal-procedure double-jeopardy due-process judgment-of-acquittal judicial-remedy re-prosecution
Latest Conference: 2022-05-26
Question Presented (from Petition)

WILL THIS COURT CREATE A BRIGHT-LINE RULE DELINEATING THAT THE ONLY CURE FOR A DOUBLE JEOPARDY VIOLATION CAUSED BY DUAL CONVICTIONS OF THE SAME CRIME IS A JUDGMENT OF ACQUITAL FOR THE SECOND OR LESSER CHARGE; AND THAT THE SECOND OR LESSER CHARGE CANNOT BE RE-PROSECUTED?

Question Presented (AI Summary)

Whether this Court will create a bright-line rule delineating that the only cure for a double jeopardy violation caused by dual convictions of the same crime is a judgment of acquittal for the second or lesser charge, and that the second or lesser charge cannot be re-prosecuted

Docket Entries

2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-05-09
Waiver of right of respondent Florida Department of Corrections to respond filed.
2021-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2022)

Attorneys

Florida Department of Corrections
Celia A. Terenzio — Respondent
Nolan Woods
Nolan Woods — Petitioner