No. 18-5040

Henry Perry Sireci v. Florida

Lower Court: Florida
Docketed: 2018-06-29
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights death-penalty eighth-amendment eighth-amendment-cruel-and-unusual-punishment,four eighth-amendment,fourteenth-amendment,death-penalt fourteenth-amendment hurst-v-florida jury-determination jury-sentencing retroactivity
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus Privacy
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Florida Supreme Court's partial retroactivity decision that limits the class of death-sentenced individuals entitled to a jury determination of their sentence pursuant to Hurst v. Florida violates the Eighth and Fourteenth Amendments

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Florida Supreme Court’s partial retroactivity decision that limits the class of death-sentenced individuals entitled to a jury determination of their sentence pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016), violates the Eighth and Fourteenth Amendments to the United States Constitution. 2. Whether structural error occurs when, after having been affirmatively misled regarding its role in the sentencing process so as to diminish its sense of responsibility, the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty. 3. Whether structural error occurs when, after having been affirmatively misled regarding its role in the sentencing process so as to diminish its sense of responsibility, the jury fails to unanimously return factual findings or a unanimous verdict for the death penalty. i

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-13
Reply of petitioner HENRY SIRECI filed.
2018-07-30
Brief of respondent State of Florida in opposition filed.
2018-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 30, 2018)
2018-04-25
Application (17A1179) granted by Justice Thomas extending the time to file until June 30, 2018.
2018-04-23
Application (17A1179) to extend the time to file a petition for a writ of certiorari from May 1, 2018 to June 30, 2018, submitted to Justice Thomas.

Attorneys

HENRY SIRECI
Maria E. DeLiberatoLaw Office of The Capital Collateral, Petitioner
Maria E. DeLiberatoLaw Office of The Capital Collateral, Petitioner
State of Florida
Scott Andrew BrowneOffice of the Attorney General, Respondent
Scott Andrew BrowneOffice of the Attorney General, Respondent