No. 18-5402

Thomas Dewey Pope v. Florida

Lower Court: Florida
Docketed: 2018-07-31
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment caldwell-v-mississippi capital-punishment due-process eighth-amendment equal-protection hurst-v-florida hurst-v-state montgomery-v-louisiana retroactivity supremacy-clause
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus Securities
Latest Conference: 2018-10-05
Question Presented (AI Summary)

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?

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 Hurst 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)? 3. Do Hurst v. Florida and Hurst v. State require that Caldwell v. Mississippi be retrospectively applied in Florida to preserved claims? i

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-08-30
Brief of respondent State of Florida in opposition filed.
2018-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2018)
2018-05-18
Application (17A1281) granted by Justice Thomas extending the time to file until July 28, 2018.
2018-05-16
Application (17A1281) to extend the time to file a petition for a writ of certiorari from May 29, 2018 to July 28, 2018, submitted to Justice Thomas.

Attorneys

State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Thomas D. Pope
William McKinley Hennis IIIC.C. Regional Counsel-South, Petitioner
William McKinley Hennis IIIC.C. Regional Counsel-South, Petitioner