No. 18-8453
IFP
Tags: binding-precedent capital-sentencing constitutional-rights death-penalty death-penalty-sentencing due-process federal-constitutional-rights jury-instructions jury-responsibility jury-verdict sentencing-process structural-error unanimous-verdict
Key Terms:
AdministrativeLaw DueProcess Punishment HabeasCorpus
AdministrativeLaw DueProcess Punishment HabeasCorpus
Latest Conference:
2019-05-23
Question Presented (AI Summary)
Whether structural error occurs when the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty
Question Presented (from Petition)
QUESTIONS PRESENTED 1. Whether structural error occurs when, after having been affirmatively misled regarding its role in the sentencing process so as to diminish its sense of responsibility, the jury fails to return a verdict as to multiple critical elements necessary to impose the death penalty. 2. Whether structural error occurs when, after having been affirmatively misled regarding its role in the sentencing process so as to diminish its sense of responsibility, the jury fails to unanimously return factual findings or a unanimous verdict for the death penalty. ii
Docket Entries
2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-29
Reply of petitioner DUSTY SPENCER filed.
2019-04-18
Brief of respondent State of Florida in opposition filed.
2019-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)
Attorneys
DUSTY SPENCER
State of Florida
Carolyn M. Snurkowski — Office of the Attorney General, Respondent
Carolyn M. Snurkowski — Office of the Attorney General, Respondent