No. 18-8300

Paul Glen Everett v. Florida

Lower Court: Florida
Docketed: 2019-03-06
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: capital-case capital-punishment constitutional-defect harmless-error harmless-error-review hurst-v-florida jury-unanimity sixth-amendment sixth-amendment-error structural-defect structural-error trial-mechanism
Key Terms:
DueProcess Punishment Securities
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether the Sixth Amendment error identified by this Court in Hurst v. Florida is a structural defect that infects the entire constitutionality of the trial mechanism and thus not amenable to harmless error review?

Question Presented (OCR Extract)

QUESTIONS PRESENTED--CAPITAL CASE 1. Whether the Sixth Amendment error identified by this Court in Hurst v. Florida is a structural defect that infects the entire constitutionality of the trial mechanism and thus not amenable to harmless error review? 2. Whether, in the wake of Hurst v. Florida, this Court’s decision in Caldwell v. Mississippi is applicable in Florida? 3. Whether defendants sentenced to death pursuant to Florida Statute §921.141, were convicted of capital murder subjecting them to the death penalty, or whether the fact that the jury did not unanimously find all of the elements required to convict of capital murder mandates that such defendants were only convicted of murder and are therefore ineligible for the death penalty? 4, Whether the elements of capital first degree murder must be found unanimously by a jury in order to render a valid death sentence? i

Docket Entries

2019-05-13
Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari: I dissent for the reasons set out in Reynolds v. Florida, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-04
Brief of respondent State of Florida in opposition filed.
2019-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2019)

Attorneys

Paul Everett
Linda McDermottMcClain & McDermott, P.A., Petitioner
Linda McDermottMcClain & McDermott, P.A., Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney eneral, Respondent
Carolyn M. SnurkowskiOffice of the Attorney eneral, Respondent