No. 18-5359

Ernest D. Suggs v. Florida

Lower Court: Florida
Docketed: 2018-07-26
Status: Denied
Type: IFP
IFP
Tags: appellate-review caldwell-v-mississippi capital-sentencing death-penalty death-penalty-sentencing eighth-amendment hurst-v-florida judicial-responsibility jury-instructions jury-recommendation
Key Terms:
DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Does a Florida death sentence imposed pursuant to the capital sentencing scheme overruled in Hurst v. Florida, 136 S. Ct. 616 (2016), in a case where (1) the jury was repeatedly instructed that its recommendation was merely advisory and the fact-finding required for a death sentence was the sole responsibility of the trial judge, and (2) the trial judge later acknowledged that she shifted her responsibility for a death sentence to the appellate court, violate the Eighth Amendment in light of Caldwell v. Mississippi, 472 U.S. 320 (1985)?

Question Presented (OCR Extract)

QUESTION PRESENTED Does a Florida death sentence imposed pursuant to the capital sentencing scheme overruled in Hurst v. Florida, 136 S. Ct. 616 (2016), in a case where (1) the jury was repeatedly instructed that its recommendation was merely advisory and the factfinding required for a death sentence was the sole responsibility of the trial judge, and (2) the trial judge later acknowledged that she shifted her responsibility for a death sentence to the appellate court, violate the Eighth Amendment in light of Caldwell v. Mississippi, 472 U.S. 320 (1985)? i

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-06
Reply of petitioner Ernest Suggs filed.
2018-08-27
Brief of respondent State of Florida in opposition filed.
2018-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)
2018-06-06
Application (17A1344) granted by Justice Thomas extending the time to file until July 26, 2018.
2018-05-30
Application (17A1344) to extend the time to file a petition for a writ of certiorari from June 11, 2018 to July 26, 2018, submitted to Justice Thomas.

Attorneys

Ernest Suggs
Robert FriedmanCapital Collateral Regional Counsel-Northern Region, Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent