No. 18-5330

Gregory Alan Kokal v. Julie L. Jones, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2018-07-24
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: capital-case capital-case,eighth-amendment,cruel-and-unusual-pu capital-punishment codefendant-culpability codefendants cruel-and-unusual-punishment culpability death-sentence eighth-amendment proportionality-review
Key Terms:
AdministrativeLaw DueProcess Punishment
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in order to ensure the reliability of a death sentence and whether it runs afoul of the prohibition against cruel and unusual punishment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED--CAPITAL CASE 1. Whether an assessment of the relative culpability of codefendants in a capital case in Florida is required pursuant to the Eighth Amendment in order to ensure the reliability of a death sentence and whether it runs afoul of the prohibition against cruel and unusual punishment? 2. Whether an Eighth Amendment compliant proportionality review requires consideration of the culpability of codefendants, even those who pled guilty and received a lesser sentence as a result? i

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-16
Brief of respondent State of Florida in opposition filed.
2018-07-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2018)

Attorneys

Gregory Kokal
Linda McDermottMcClain & McDermott, P.A., Petitioner
Linda McDermottMcClain & McDermott, P.A., Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent