No. 19-8764

James William Burney v. Florida

Lower Court: Florida
Docketed: 2020-06-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-provision due-process equal-protection fourteenth-amendment retroactive-application sentencing sentencing-law state-constitution voter-intent
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the Fourteenth Amendment Due Process and Equal Protection protections requires enactment legislation for a state constitutional provision to become effective

Question Presented (OCR Extract)

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 ‘

Docket Entries

2020-10-05
Petition DENIED.
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-07-09
Waiver of right of respondent Florida to respond filed.
2020-06-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 20, 2020)

Attorneys

Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
James W. Burney
James William Burney — Petitioner
James William Burney — Petitioner