No. 22-7866

Frank A. Walls v. Florida

Lower Court: Florida
Docketed: 2023-06-26
Status: Denied
Type: IFP
IFP
Tags: due-process eighth-amendment federal-authorization finality-of-mandate intellectual-disability mandate-reversal retroactivity supreme-court
Key Terms:
DueProcess Punishment
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Must Hall v. Florida, 572 U.S. 701 (2014), be applied retroactively by state courts because it substantively expanded the class of individuals who qualify as intellectually disabled under the Eighth Amendment?

2. Did the Florida Supreme Court's reversal of its long-final mandate granting Hall retroactivity to Petitioner specifically, coupled with Petitioner's reasonable and detrimental reliance on the finality of that mandate, violate federal due process?

Question Presented (AI Summary)

Must-Hall-v.-Florida-be-applied-retroactively

Docket Entries

2023-10-02
Petition DENIED.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-07
Reply of petitioner Frank Walls filed.
Main DocumentProof of ServiceMain DocumentProof of Service
2023-07-26
Brief of respondent Florida in opposition filed.
Main DocumentProof of ServiceMain DocumentProof of Service
2023-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2023)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of ServiceMotion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Florida
Carla Suzanne Bechard — Office of the Attorney General, State of Florida, Respondent
Frank Walls
Julissa Rosalyn Fontan — Capital Collateral Regional Counsel- Middle Region, Petitioner