No. 18-5837
IFP
Tags: capital-sentencing criminal-procedure death-penalty federal-law hurst-v-florida judicial-findings jury-sentencing jury-verdict retroactivity ring-v-arizona
Key Terms:
DueProcess Punishment
DueProcess Punishment
Latest Conference:
2018-10-26
Question Presented (AI Summary)
Did Hurst invalidate Alabama's capital sentencing scheme?
Question Presented (OCR Extract)
QUESTIONS PRESENTED David Roberts was sentenced to death based solely on findings by a judge after his sentencing jury voted that he should live. In Hurst v. Florida, 136 S. Ct. 616 (2016), this Court invalidated Florida’s capital sentencing scheme because it also was based on judicial findings rather than a jury verdict. 1. Did Hurst invalidate Alabama’s capital sentencing scheme, which is virtually identical to Florida’s? 2. As a matter of federal law, is Hurst retroactive to cases on collateral review? i
Docket Entries
2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-09
Reply of petitioner David Roberts filed.
2018-09-25
Brief of respondent State of Alabama in opposition filed.
2018-09-07
Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2018.
2018-09-05
Motion to extend the time to file a response from October 1, 2018 to October 31, 2018, submitted to The Clerk.
2018-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2018)
2018-07-19
Application (18A37) granted by Justice Thomas extending the time to file until August 28, 2018.
2018-07-05
Application (18A37) to extend the time to file a petition for a writ of certiorari from July 19, 2018 to August 28, 2018, submitted to Justice Thomas.
Attorneys
David Roberts
Leslie S. Smith — Federal Defenders, Middle District of Alabama, Petitioner
Leslie S. Smith — Federal Defenders, Middle District of Alabama, Petitioner
State of Alabama