James William Burney v. Florida
DueProcess
Whether the Fourteenth Amendment Due Process and Equal Protection protections requires enactment legislation for a state constitutional provision to become effective
QUESTION PRESENTED In 2018, Florida’s citizens voted to remove the state . constitutional prohibition on the retroactive application of sentencing laws. Petitioner then moved for resentencing under a current and mollified sentencing statute. The court denied his claim reasoning that enactment legislation was required for the constitutional provision to become effective and until then the law in effect at the time he committed his crime controlled. The appellate , court affirmed. The questions presented are: Whether the Fourteenth Amendment Due Process and Equal Protection protections requires enactment legislation for a state constitutional provision to become effective. ; Whether the state courts denied Petitioner's Fourteenth Amendment Due Process and Equal Protection right to be resentenced to contemporary law in . ; keeping with the voter’s intent. . ili ‘