No. 20-250

Mark Anthony Poole v. Florida

Lower Court: Florida
Docketed: 2020-09-01
Status: Denied
Type: Paid
Experienced Counsel
Tags: aggravating-circumstances capital-sentencing death-penalty eighth-amendment hurst-precedent hurst-v-florida jury-recommendation mitigating-circumstances sixth-amendment
Key Terms:
Punishment JusticiabilityDoctri
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Whether the Florida Supreme Court erred in reinstating a capital sentence issued under Florida's pre-2016 scheme

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether the Florida Supreme Court erred in reinstating a capital sentence issued under Florida’s pre-2016 scheme, in contravention of this Court’s holding in Hurst v. Florida, 136 S. Ct. 616 (2016), that such sentences violate the Sixth Amendment because the jury did not make the requisite death-eligibility findings, including that aggravating circumstances outweigh mitigating circumstances. II. Whether the Florida Supreme Court violated the Eighth Amendment in reinstating a capital sentence lacking a unanimous jury recommendation of death and based on a guilt-phase jury finding rendered without awareness of the consequences for capital sentencing. @)

Docket Entries

2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-22
Reply of petitioner Mark Anthony Poole filed. (Distributed)
2020-12-07
Brief of respondent State of Florida in opposition filed.
2020-11-24
Motion to extend the time to file a response is granted and the time is further extended to and including December 7, 2020.
2020-11-23
Motion to extend the time to file a response from November 30, 2020 to December 7, 2020, submitted to The Clerk.
2020-09-24
Motion to extend the time to file a response is granted and the time is extended to and including November 30, 2020.
2020-09-23
Motion to extend the time to file a response from October 1, 2020 to November 30, 2020, submitted to The Clerk.
2020-08-28
Petition for a writ of certiorari filed. (Response due October 1, 2020)

Attorneys

Mark Anthony Poole
Ze-wen Julius ChenAkin Gump Strauss Hauer & Feld LLP, Petitioner
Ze-wen Julius ChenAkin Gump Strauss Hauer & Feld LLP, Petitioner
State of Florida
Amitabh AgarwalOffice of the Attorney General, Respondent
Amitabh AgarwalOffice of the Attorney General, Respondent