No. 24-5306

William Newkirk v. Florida

Lower Court: Florida
Docketed: 2024-08-13
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process life-sentence robbery-firearm sentencing-guidelines
Latest Conference: 2024-10-11
Question Presented (from Petition)

I. WHETHER THE NATURAL LIFE SENTENCES IMPOSED ON ROBBERY FIREARM COUNTS 2-3 WERE ILLEGAL WHERE THE TRIAL COURT NEITHER ORDERED A MANDATORY PRESENTENCE INVESTIGATION REPORT, CONDUCTED A SENTENCING HEARING, OR PERMITTED PETITIONER TO ALLOCUTE?

II. WHETHER THE SENTENCES IMPOSED ON ROBBERY FIREARM COUNTS 2-3 WERE BASED UPON UNLAWFUL APPLICATION OF FLORIDA STATUTES SECTION 775.087?

III. WHETHER THE NATURAL LIFE SENTENCES IMPOSED ON ROBBERY FIREARM COUNTS 2-3, AS SECONDARY OFFENSES, WERE ILLEGAL SENTENCES IMPOSED, BECAUSE THEY EXCEEDED THE SENTENCE IMPOSED FOR THE PRIMARY OFFENSE, CAPITAL MURDER, FOR WHICH A SENTENCE OF LIFE WITH A 25 YEAR MINIMUM MANDATORY WAS IMPOSED, SUCH THAT THE ROBBERY COUNTS WERE LIMITED TO THE STATUTORY MAXIMUM OF 30 YEARS?

IV. WHETHER WILLIAM NEWKIRK'S RIGHTS UNDER ARTICLE 1, SECTION 9 OF THE FLORIDA CONSTITUTION AND THE 5TH AND 14TH AMENDMENTS TO THE UNITED STATES CONSTITUTION, SECTION 921.231(1) (1980), RULE 3.720(B), FLA.R.CRIM.P. (1980) WERE VIOLATED RESULTING IN THE IMPOSITION OF UNLAWFUL NATURAL LIFE SENTENCES IN VIOLATION OF HIS RIGHTS TO DUE PROCESS OF LAW AND A FAIR TRIAL?

Question Presented (AI Summary)

Whether the natural life sentences imposed on robbery firearm counts were illegal due to lack of presentence investigation, sentencing hearing, and allocution rights

Docket Entries

2024-10-15
Petition DENIED.
2024-09-26
DISTRIBUTED for Conference of 10/11/2024.
2024-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2024)
2023-12-15
Application (23A557) granted by Justice Thomas extending the time to file until January 12, 2024.
2023-11-29
Application (23A557) to extend the time to file a petition for a writ of certiorari from December 13, 2023 to February 11, 2024, submitted to Justice Thomas.

Attorneys

William Newkirk
Richard L. RosenbaumLaw Offices of Richard Rosenbaum, Petitioner