No. 23-5851

Hector Sanchez-Torres v. Florida

Lower Court: Florida
Docketed: 2023-10-20
Status: Denied
Type: IFP
IFP
Tags: appellate-review criminal-sentencing culpability death-penalty eighth-amendment equal-protection mitigation-evidence
Key Terms:
AdministrativeLaw DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2024-01-05
Question Presented (from Petition)

1. In a case in which the victim died from a single gunshot wound and the
factfinder did not find that the death-sentenced codefendant fired the fatal shot, does
it violate the Eighth Amendment or the Equal Protection Clause of the Fourteenth
Amendment to sentence the nineteen-year-old codefendant to death when his
similarly culpable seventeen-year-old codefendant may serve as little as fifteen years
in prison?

2. Does a state appellate court's death penalty review violate the Eighth
Amendment when the appellate court determines that the impact of mitigation
evidence—which could be presented at a new trial showing that the death-sentenced
codefendant was not the shooter—is inconsequential solely because he was sentenced
to death on the basis of two aggravating circumstances that were "independent" of
which codefendant shot the victim?

Question Presented (AI Summary)

Whether sentencing a 19-year-old codefendant to death violates the Eighth Amendment or Equal Protection Clause when his similarly culpable 17-year-old codefendant may serve 15 years

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Reply of petitioner Hector Sanchez-Torres filed.
2023-11-20
Brief of respondent Florida in opposition filed. (11/28/2023)
2023-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 20, 2023)
2023-08-24
Application (23A170) granted by Justice Thomas extending the time to file until October 18, 2023.
2023-08-22
Application (23A170) to extend the time to file a petition for a writ of certiorari from September 18, 2023 to November 17, 2023, submitted to Justice Thomas.

Attorneys

Hector Sanchez-Torres
Chelsea Rae ShirleyCapital Collateral Regional Counsel, Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent