No. 20-5217

David Kelsey Sparre v. Florida

Lower Court: Florida
Docketed: 2020-07-30
Status: Denied
Type: IFP
IFP
Tags: adolescent-brain-development brain-development constitutional-rights first-degree-murder harmless-error ineffective-assistance-of-counsel juvenile-sentencing prejudice trial-strategy
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2020-10-30
Question Presented (AI Summary)

Whether trial counsel's failure to investigate and execute the defense trial strategy results in prejudice?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether trial counsel’s failure to investigate and execute the defense trial strategy, which would have significantly undermined the State’s case for firstdegree murder, results in prejudice? 2. Given the advancements in the scientific understanding of late adolescent brain development since Roper, should this Court consider whether the age cutoff established in Roper v. Simmons is consistent with the modern scientific consensus regarding late adolescent brain development? 3. Whether the Florida Supreme Court’s harmless-error approach to Hurst v. Florida error is constitutional in light of Caldwell v. Mississippi? ii

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-10-08
Reply of petitioner David Kelsey Sparre filed.
2020-09-30
Brief of respondent State of Florida in opposition filed.
2020-08-20
Motion to extend the time to file a response is granted and the time is extended to and including September 30, 2020.
2020-08-19
Motion to extend the time to file a response from August 31, 2020 to September 30, 2020, submitted to The Clerk.
2020-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2020)

Attorneys

David Kelsey Sparre
Stacy Rowell BiggartOffice of the Capital Collateral Regional Counsel-North, Petitioner
Stacy Rowell BiggartOffice of the Capital Collateral Regional Counsel-North, Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent