No. 24-7387

Anthony Wainwright v. Ron Desantis, Governor of Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-06-10
Status: Denied
Type: IFP
Amici (2)IFP
Tags: capital-litigation constitutional-rights due-process equal-protection habeas-corpus pro-bono-counsel
Latest Conference: N/A
Question Presented (from Petition)

1. Whether a State violates the Due Process Clause of the Fourteenth Amendment when it mandates that capital litigants have counsel during their state postconviction proceedings, yet precludes them from accessing the state created habeas process with their pro bono counsel of choice?

2. Whether a system that functionally prevents a litigant from presenting claims to the courts with choice of counsel satisfies the right to due process and access to the courts?

3. Whether a State violates the Equal Protection Clause of the Fourteenth Amendment when it precludes indigent capital litigants under a death warrant from proceeding with their qualified pro bono counsel of choice, where no prejudice to the State or administration of justice would occur and a non indigent litigant would be entitled to such a choice?

4. Whether a court may justify denying relief by sua sponte raising the Rooker Feldman doctrine, which was found to "probably" apply, to avoid addressing the merits of a § 1983 action challenging the constitutionality of a state's capital postconviction process governed by statutes and procedural rules?

Question Presented (AI Summary)

Whether a State violates the Due Process and Equal Protection Clauses by preventing capital litigants from accessing state habeas process with pro bono counsel of choice

Docket Entries

2025-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2025)
2025-06-10
Application (24A1211) for a stay of execution of sentence of death, submitted to Justice Thomas.
2025-06-10
Amicus brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Florida submitted.
2025-06-10
Amicus brief of Florida Association of Criminal Defense Lawyers, Bronx Defenders, Florida Justice Institute and Conservatives Concerned submitted.
2025-06-10
Brief of Governor of Florida, et al. in opposition submitted.
2025-06-10
Brief of respondent Governor of Florida, et al. in opposition filed.
2025-06-10
Response to application from respondent Governor of Florida, et al. filed.
2025-06-10
Reply of applicant Anthony Wainwright filed.
2025-06-10
Reply of Anthony Wainwright submitted.
2025-06-10
2025-06-10
Petition DENIED.
2025-06-10
Application (24A1211) referred to the Court.
2025-06-10
Application (24A1211) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2025-06-10
Brief amicus curiae of American Civil Liberties Union and American Civil Liberties Union of Florida filed.
2025-06-10
Reply of petitioner Anthony Wainwright filed.
2025-06-10
Brief amici curiae of Florida Association of Criminal Defense Lawyers, et al. filed.

Attorneys

Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Florida
Claudia Van WykACLU, Amicus
Anthony Wainwright
Katherine Ann BlairCapital Habeas Unit Federal Public Defender NDFla, Petitioner
Florida Association of Criminal Defense Lawyers, Bronx Defenders, Florida Justice Institute and Conservatives Concerned
Amy Pickering KnightPhillips Black, Inc., Amicus
Governor of Florida, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent