No. 18-7226

Omar Blanco v. Florida

Lower Court: Florida
Docketed: 2019-01-03
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 8th-amendment capital-punishment civil-rights death-penalty due-process retroactivity supremacy-clause
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Did Hall v. Florida announce a substantive rule of constitutional law?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did Hall v. Florida, 134 S. Ct. 1986 (2014), announce a substantive rule of constitutional law? 2. May a state court hold that a substantive rule of constitutional law is retroactively available, but at the same time also hold that a claim based on that rule is procedurally barred because it was not brought before the new substantive rule was announced? 3. Does the June 24, 2002, retroactivity cutoff line invented by the Florida Supreme Court, which denies collateral relief under Hurst v. Florida, 136 S. Ct. 616 (2016), to more than one hundred death-sentenced Florida prisoners, while granting collateral Hurst relief to more than one hundred other Florida prisoners, violate the Eighth and Fourteenth Amendments to the United States Constitution? 4, Does the formula employed for Hurst violations, which bars a substantive constitutional rule from being applied retroactively to half of Florida’s death row, violate the Supremacy Clause of the United States Constitution in light of Montgomery v. Louisiana, 136 S. Ct. 718 (2016)? i

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-21
Reply of petitioner Omar Blanco filed. (Distributed)
2019-03-05
Brief of respondent State of Florida in opposition filed.
2019-01-31
Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2019.
2019-01-25
Motion to extend the time to file a response from February 4, 2019 to March 6, 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 February 4, 2019)
2018-10-12
Application (18A388) granted by Justice Thomas extending the time to file until December 16, 2018.
2018-10-04
Application (18A388) to extend the time to file a petition for a writ of certiorari from October 17, 2018 to December 16, 2018, submitted to Justice Thomas.

Attorneys

Omar Blanco
Ira Wilmont Still III — Petitioner
State of Florida
Leslie Teresa CampbellOffice of the Attorney General, Respondent