No. 18-8701

Arthur O'Derrell Franklin v. Florida

Lower Court: Florida
Docketed: 2019-04-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa constitutional-claim eighth-amendment graham-v-florida habeas habeas-corpus juvenile-offender parole parole-process rehabilitation
Key Terms:
Punishment HabeasCorpus ClassAction
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Whether a state court may resolve a federal constitutional claim by treating an AEDPA habeas decision of the Supreme Court as a ruling on the merits when the Court explicitly refrained from deciding the underlying constitutional question

Question Presented (from Petition)

QUESTIONS PRESENTED The Florida Supreme Court held, contrary to the plain language of this Court, and contrary to the holdings of the high courts of other states, that this Court ruled on the merits of the underlying Eighth Amendment claim in Virginia v. LeBlanc, 37 S.Ct. 1726 (2017). The questions presented are: 1. May a state court resolve a federal constitutional claim by treating an AEDPA habeas decision of this Court as a ruling on the merits when this Court explicitly refrained from deciding the underlying constitutional question? 2. Does a state parole process in which officials are not required to factor maturity, rehabilitation, and the mitigating effects of youth into the decision whether to release a juvenile offender serving life in prison comply with the Eighth Amendment as interpreted in Graham v. Florida, 560 U.S. 48 (2010)? i

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-03
Waiver of right of respondent State of Florida to respond filed.
2019-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2019)
2019-02-26
Application (18A862) granted by Justice Thomas extending the time to file until April 3, 2019.
2019-02-21
Application (18A862) to extend the time to file a petition for a writ of certiorari from March 4, 2019 to April 3, 2019, submitted to Justice Thomas.

Attorneys

Atthur Franklin
Glen Phillip GiffordOffice of the Public Defender, Second Judicial Cir, Petitioner
Glen Phillip GiffordOffice of the Public Defender, Second Judicial Cir, Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent