No. 23A262

Michael Duane Zack, III v. Florida

Lower Court: Florida
Docketed: 2023-09-26
Status: Denied
Type: A
Tags: atkins-exemption death-penalty eighth-amendment fetal-alcohol-syndrome intellectual-developmental-disability unanimous-jury-requirement
Key Terms:
Punishment
Latest Conference: N/A
Question Presented (from Petition)

Question not identified.

Question Presented (AI Summary)

Whether Fetal Alcohol Syndrome, recognized by the medical community as functionally identical to Intellectual Developmental Disability, categorically exempts a defendant from execution under the Eighth Amendment as established in Atkins v. Virginia, and whether the Eighth Amendment requires a unanimous jury verdict for imposition of a death sentence under the Sixth Amendment framework established in Ramos v. Louisiana

Docket Entries

2023-10-02
Application (23A262) referred to the Court.
2023-10-02
Application (23A262) for stay of execution of sentence of death presented to Justice Thomas any by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2023-09-30
Reply of applicant Michael Zack filed.
2023-09-28
Response to application from respondent Florida filed.
2023-09-26
Application (23A262) for a stay of execution of sentence of death, submitted to Justice Thomas.

Attorneys

Michael Zack
Dawn Brandi MacreadyCapital Collateral Regional Counsel - North, Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent