No. 21-8042

Etheria Verdell Jackson v. Florida

Lower Court: Florida
Docketed: 2022-06-02
Status: Denied
Type: IFP
IFP
Tags: aggravating-factors constitutional-rights death-penalty hurst-v-florida jury-recommendation jury-trial sixth-amendment sixth-amendment-right
Latest Conference: 2022-09-28
Question Presented (from Petition)

I. Whether a jury's advisory recommendation of death which does not identify the specific
aggravators found, nor whether the aggravators were found unanimously by the jury, is sufficient
to determine the death eligibility of a defendant under the Sixth Amendment right by a trial by jury
as interpreted under Hurst v. Florida, 136 S. Ct. 616 (2016)?

II. Whether the Florida Supreme Court violated the Eighth Amendment in affirming Mr.
Jackson's capital sentence because the jury's advisory recommendation of death is insufficient to
establish Mr. Jackson's death eligibility, therefore, making the application of the death penalty an
excessive punishment in this case?

III. Whether the Florida Supreme Court violated the fourteenth Amendment in affirming
Mr. Jackson's capital sentence because not all the critical element of crime were sent to the jury?

Question Presented (AI Summary)

Whether a jury's advisory recommendation of death which does not identify the specific aggravators found, nor whether the aggravators were found unanimously by the jury, is sufficient to determine the death eligibility of a defendant under the Sixth Amendment right by a trial by jury as interpreted under Hurst v. Florida, 136 S. Ct. 616 (2016)?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-07-18
Brief of respondent Florida in opposition filed.
2022-07-06
Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022.
2022-07-05
Motion to extend the time to file a response from July 5, 2022 to July 18, 2022, submitted to The Clerk.
2022-05-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2022)

Attorneys

Etheria Jackson
Julissa Rosalyn FontanCapital Collateral Regional Counsel- Middle Region, Petitioner
Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent