No. 18-836

Phil Miranda Luna v. Florida

Lower Court: Florida
Docketed: 2019-01-03
Status: Denied
Type: Paid
Response Waived
Tags: capital-sexual-battery criminal-procedure due-process entrapment internet-sting internet-sting-operation jury-instruction jury-instructions minor sexual-battery statutory-entrapment traveling-to-engage-sex-with-minor
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether due process is denied when a trial court refuses to instruct a jury on a statutory entrapment defense

Question Presented (OCR Extract)

QUESTIONS PRESENTED QUESTION 1: Whether due process is denied when a trial court refuses to instruct a jury on a statutory entrapment defense because a defendant, charged with attempted capital sexual battery and traveling to engage in sex with a minor as a result of an internet sting operation, admitted conduct constituting the offenses, but testified he did not believe there was a minor involved nor did he intend to engage in sex with a minor. QUESTION 2: Whether a Florida appellate court denies a defendant due process when it issues a oneword affirmance per curiam, without discussion, deciding a challenge to a lower court’s refusal to instruct a jury on a statutory entrapment defense on grounds that conflict with precedent and due process, when the failure to explain the affirmance deprives the defendant of discretionary review by the court that can resolve the conflict and declare the law.

Docket Entries

2019-02-25
Petition DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
Waiver of right of respondent State of Florida to respond filed.
2018-12-27
Petition for a writ of certiorari filed. (Response due February 4, 2019)
2018-10-29
Application (18A430) granted by Justice Thomas extending the time to file until December 31, 2018.
2018-10-19
Application (18A430) to extend the time to file a petition for a writ of certiorari from November 1, 2018 to December 31, 2018, submitted to Justice Thomas.

Attorneys

Phil Luna
Daniel Francis DalyDaniel F. Daly, Esq., Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent