No. 18-5124

Norberto Pietri v. Florida

Lower Court: Florida
Docketed: 2018-07-05
Status: Denied
Type: IFP
IFP
Tags: due-process eighth-amendment equal-protection hurst-standard hurst-v-florida hurst-v-state retroactivity supremacy-clause
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Florida Supreme Court's retroactivity analysis for Hurst violations violates due process, the Eighth Amendment, and the Equal Protection Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the Florida Supreme Court’s determination that the jury findings required by Hurst v. Florida and Hurst v. State enhance the reliability of decisions to impose death, but can only be retroactively applied to cases in which a death sentence was final after June 24, 2002 violate Due Process, the Eighth Amendment, and the Equal Protection Clause of the Fourteenth Amendment? 2. Does the Florida Supreme Court’s partial retroactivity analysis concerning AHurst violations violate the Supremacy Clause of the United States Constitution in light of this Court’s holdings in Montgomery v. Louisiana, 136 S. Ct. 718 (2016)? i

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-01
Brief of respondent Florida in opposition filed.
2018-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)
2018-04-23
Application (17A1155) granted by Justice Thomas extending the time to file until July 2, 2018.
2018-04-18
Application (17A1155) to extend the time to file a petition for a writ of certiorari from May 3, 2018 to July 2, 2018, submitted to Justice Thomas.

Attorneys

Florida
Leslie Teresa CampbellOffice of the Attorney General, Respondent
Leslie Teresa CampbellOffice of the Attorney General, Respondent
Norberto Pietri
William McKinley Hennis IIIC.C. Regional Counsel-South, Petitioner
William McKinley Hennis IIIC.C. Regional Counsel-South, Petitioner