No. 23-5565

William E. Wells, III v. Florida

Lower Court: Florida
Docketed: 2023-09-13
Status: Denied
Type: IFP
IFP
Tags: aggravating-factors apprendi-v-new-jersey capital-sentencing death-penalty due-process eighth-amendment mental-illness proportionality-review
Key Terms:
AdministrativeLaw DueProcess Punishment
Latest Conference: 2023-11-03
Question Presented (from Petition)

L. Whether Florida's capital sentencing scheme violates the Eighth Amendment because the controlling statute does not meaningfully limit the class of defendants eligible for the death penalty and Florida's elimination of proportionality review has removed an essential safeguard against arbitrary and inconsistent sentencing.

I. 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) (2019). The second question presented in this case is whether, considering the operation and effect of Florida's capital sentencing scheme, the Due Process Clause requires those additional determinations to be made beyond a reasonable doubt before the sentencer can choose to impose the death penalty, pursuant to Apprendi v. New Jersey, 530 U.S. 466, 476-85, 490, 494 n.19 (2000) and Ring v. Arizona, 536 U.S. 584, 603-05, 609 (2002).

II. Whether the Eighth Amendment precludes execution of the seriously mentally ill.

Question Presented (AI Summary)

Whether Florida's capital sentencing scheme violates the Eighth Amendment

Docket Entries

2023-11-06
Petition DENIED.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-13
Reply of petitioner William E. Wells, III filed.
2023-10-02
Brief of respondent Florida in opposition filed.
2023-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2023)

Attorneys

State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
William E. Wells, III
Barbara Jane BusharisPublic Defender's Office, Second Judicial Circuit, Petitioner