No. 21-8177

Marlin Larice Joseph v. Florida

Lower Court: Florida
Docketed: 2022-06-17
Status: Denied
Type: IFP
IFP
Tags: constitutional-safeguards cruel-and-unusual-punishment death-penalty due-process eighth-amendment fourth-amendment geographic-arbitrariness sixth-amendment standards-of-decency
Latest Conference: 2022-09-28
Question Presented (from Petition)

Does the death penalty in and of itself violate the Eighth Amendment in light of contemporary standards of decency and the geographic and other arbitrarinesses of imposition of the death penalty?

Did the Florida Supreme Court decision interpret the law incorrectly such that it violated Petitioner's Sixth and Fourth Amendment rights denying him due process, fair proceedings, the rights to confrontation and compulsory process?

Was the Florida Supreme Court's refusal even to review proportionality in this death penalty case a denial of fundamental constitutional safeguards and protections for those facing the death penalty?

Question Presented (AI Summary)

Does the death penalty violate the Eighth Amendment?

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.
2022-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2022)

Attorneys

Marlin Joseph
Fredrick Robert SusaneckLevine & Susaneck, P.A., Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent