No. 21-8187
IFP
Tags: aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing constitutional-standard due-process mitigating-circumstances reasonable-doubt ring-v-arizona standard-of-proof
Latest Conference:
2022-09-28
Question Presented (from Petition)
Under Florida's capital sentencing scheme, in addition to finding at least one aggravating factor exists, the factfinder must make additional determinations before a capital sentence can be imposed: (1) whether "sufficient aggravating factors exist," and (2) whether "aggravating factors exist which outweigh the mitigating circumstances." See Fla. Stat. § 921.141(2) (2021). The question presented is whether, considering the operation and effect of Florida's capital sentencing scheme, the Due Process Clause requires these additional determinations to be made beyond a reasonable doubt.
Question Presented (AI Summary)
Whether the Due Process Clause requires the additional determinations under Florida's capital sentencing scheme to be made beyond a reasonable doubt
Docket Entries
2022-10-03
Petition DENIED.
2022-07-28
DISTRIBUTED for Conference of 9/28/2022.
2022-07-08
Brief of respondent Florida in opposition filed.
2022-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2022)
Attorneys
Jesse Bell
State of Florida
Carolyn M. Snurkowski — Office of the Attorney General, Respondent