No. 18-7118

Richard E. Lynch v. Florida

Lower Court: Florida
Docketed: 2018-12-19
Status: Denied
Type: IFP
IFP
Tags: death-penalty eighth-amendment fourteenth-amendment hurst-v-florida ineffective-assistance-of-counsel jury-fact-finding sixth-amendment
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether the State of Florida violated Petitioner's rights under the Sixth, Eighth, and Fourteenth Amendments

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the State of Florida violated Petitioner’s rights under the Sixth, Eighth, and Fourteenth Amendments to the United States Constitution by denying his right to jury fact-finding, as required by this Court in Hurst v. Florida, 136 S. Ct. 616 (2016), based on the fact that he waived an advisory jury recommendation under a death penalty scheme later deemed to be unconstitutional by this Court, and where he was not advised of all available mitigation due to the deficient performance of his trial counsel? i

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-01-23
Brief of respondent State of Florida in opposition filed.
2019-01-18
Motion to extend the time to file a response is granted and the time is extended to and including January 23, 2019.
2019-01-16
Motion to extend the time to file a response from January 18, 2019 to January 21, 2019, submitted to The Clerk.
2018-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)

Attorneys

Richard Lynch
Maria Christine PerinettiCapital Collateral Regional Counsel - Middle Region, Petitioner
Maria Christine PerinettiCapital Collateral Regional Counsel - Middle Region, Petitioner
State of Florida
Lisa-Marie Krause LernerOffice of the Attorney General, Respondent
The State of Florida
Lisa-Marie Krause LernerOffice of the Attorney General, Respondent
Lisa-Marie Krause LernerOffice of the Attorney General, Respondent