No. 18-8052

Michael Duane Zack, III v. Florida

Lower Court: Florida
Docketed: 2019-02-21
Status: Denied
Type: IFP
IFP
Tags: apprendi-v-new-jersey capital-punishment death-penalty death-sentence eighth-amendment equal-protection fourteenth-amendment hurst-retroactivity retroactivity
Key Terms:
AdministrativeLaw DueProcess Punishment
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Does the partial retroactivity formula for Hurst v. Florida, 136 S. Ct. 616 (2016) claims designed by the Florida Supreme Court, as applied to a prisoner whose death sentence was final between Apprendi v. New Jersey, 530 U.S. 466 (2000), and Ring v. Arizona, 536 U.S. 584 (2002), violate the Eighth and Fourteenth Amendments on arbitrariness and equal protection grounds?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Does the partial retroactivity formula for Hurst v. Florida, 136 S. Ct. 616 (2016), claims designed by the Florida Supreme Court, as applied to a prisoner whose death sentence was final between Apprendi v. New Jersey, 530 U.S. 466 (2000), and Ring v. Arizona, 536 U.S. 584 (2002), violate the Eighth and Fourteenth Amendments on arbitrariness and equal protection grounds? i

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-01
Reply of petitioner Michael Zack filed.
2019-03-25
Brief of respondent State of Florida in opposition filed.
2019-02-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)
2018-12-11
Application (18A605) granted by Justice Thomas extending the time to file until February 18, 2019.
2018-12-06
Application (18A605) to extend the time to file a petition for a writ of certiorari from January 2, 2019 to February 18, 2019, submitted to Justice Thomas.

Attorneys

Michael Zack
Robert FriedmanCapital Collateral Regional Counsel-Northern Regio, Petitioner
Robert FriedmanCapital Collateral Regional Counsel-Northern Regio, Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent