No. 18-5467

Virginia Denise Wyche v. Florida

Lower Court: Florida
Docketed: 2018-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: and whether jury instructions misstating self-def 5th-amendment criminal-procedure due-process ex-post-facto ex-post-facto-clause fifth-amendment fourteenth-amendment homicide homicide-statute second-amendment self-defense statutory-interpretation
Key Terms:
DueProcess SecondAmendment JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the First District's expansion of the scope of Florida's homicide statute could be used to affirm Wyche's conviction and sentence in light of the Constitution's ex post facto clause and the due process clause of the Fifth Amendment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the First District’s expansion of the scope of Florida’s homicide statute could be used to affirm Wyche’s conviction and sentence in light of the Constitution’s ex post facto clause and the due process clause of the Fifth Amendment. 2. Whether the trial court’s use of jury instructions that misstated Wyche’s legal rights and duties regarding the justifiable use of deadly force in self-defense violated Wyche’s Second Amendment right to bear arms and her Fifth and Fourteenth Amendment rights to due process. 2

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-13
Waiver of right of respondent The State of Florida to respond filed.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2018)

Attorneys

The State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Virginia Denise Wyche
Glen Phillip GiffordOffice of the Public Defender, Second Judicial Cir, Petitioner
Glen Phillip GiffordOffice of the Public Defender, Second Judicial Cir, Petitioner