No. 18-5641

Pressley Bernard Alston v. Florida, et al.

Lower Court: Florida
Docketed: 2018-08-17
Status: Denied
Type: IFP
IFP
Tags: 8th-amendment,14th-amendment,capital-punishment,hu capital-defendant capital-punishment Does the partial retroactivity formula designed by Does the partial retroactivity formula employed fo due-process,federal-constitutional-rights,post-con federal-constitutional-violations hurst-v-florida montgomery-v-louisiana montgomery-v-louisiana,retroactivity,sentencing,su post-conviction-review retroactivity state-law-waiver supremacy-clause
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Does a state capital defendant's state-law waiver of state post-conviction review automatically and forever preclude the defendant from seeking relief for all federal constitutional violations subsequently recognized by this Court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does a state capital defendant’s state-law waiver of state post-conviction review automatically and forever preclude the defendant from seeking relief for all federal constitutional violations subsequently recognized by this Court? 2. Does the partial retroactivity formula designed by the Florida Supreme Court to limit the class of condemned prisoners obtaining a life-or-death jury determination pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016), violate the Eighth and Fourteenth Amendments to the United States Constitution? 3. Does the partial retroactivity formula employed for Hurst violations in Florida violate the Supremacy Clause of the United States Constitution in light of Montgomery v. Louisiana, 136 S. Ct. 718 (2016)? i

Docket Entries

2018-10-29
Petition DENIED.
2018-10-19
Reply of petitioner Pressley Bernard Alston filed. (Distributed)
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-09-17
Brief of State of Florida in opposition filed.
2018-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Pressley Bernard Alston
Billy H. Nolas — Petitioner
Billy H. Nolas — Petitioner