No. 18-5377

Jeffrey Glenn Hutchinson v. Florida

Lower Court: Florida
Docketed: 2018-07-27
Status: Denied
Type: IFP
IFP
Tags: capital-sentencing capital-sentencing,federal-constitutional-rights,w constitutional-waiver federal-constitutional-rights federal-rights hurst-v-florida jury-fact-finding penalty-jury prospective-waiver voluntary-waiver
Key Terms:
DueProcess Punishment JusticiabilityDoctri Jurisdiction
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Can a defendant waive a federal constitutional right that was unknown and unrecognized at the time of the purported waiver?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Can a defendant in a state capital sentencing proceeding voluntarily, knowingly, and intelligently waive a federal constitutional right that was both unknown to the defendant and unrecognized by the state courts at the time of the purported waiver? 2. Does a Florida capital defendant’s waiver of an advisory penalty jury prior to Hurst v. Florida, 136 S. Ct. 616 (2016), impose a prospective waiver of the defendant’s constitutional right to penalty-jury fact-finding under Hurst? 3. Where a Florida capital defendant accepted counsel’s advice to waive a preHurst advisory penalty jury, based on counsel’s explanation of the advisory jury’s diminished role under Florida’s scheme, did the defendant prospectively waive the right to penalty-jury fact-finding later recognized by Hurst? i

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-31
Reply of petitioner Jeffrey Hutchinson filed.
2018-08-27
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 27, 2018)

Attorneys

Jeffrey Hutchinson
Billy H. Nolas — Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent