No. 20-5486

Spencer E. Miles v. Florida

Lower Court: Florida
Docketed: 2020-08-25
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: constitutional-interpretation eighth-amendment eighth-amendment-issue federal-habeas-review federal-review florida-courts habeas-corpus judicial-precedent supremacy-clause virginia-v-leblanc
Key Terms:
Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Whether Florida courts are refusing to consider Eighth Amendment claims in violation of the Supremacy Clause

Question Presented (OCR Extract)

QUESTION PRESENTED Whether Florida courts are refusing to consider Eighth Amendment claims in violation of the Supremacy Clause by treating Virginia v. LeBlanc, 137 S. Ct. 1726 (2017) (per curiam), a case arising under federal habeas review, as a decision on the merits of the Eighth Amendment issue? i

Docket Entries

2021-01-11
Petition DENIED.
2020-12-17
DISTRIBUTED for Conference of 1/8/2021.
2020-10-28
Brief of respondent Florida in opposition filed.
2020-09-28
Response Requested. (Due October 28, 2020)
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-10
Waiver of right of respondent Florida to respond filed.
2020-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2020)

Attorneys

Florida
Amitabh AgarwalOffice of the Attorney General, Respondent
Amitabh AgarwalOffice of the Attorney General, Respondent
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
Spencer E. Miles
Paul Edward PetilloOffice of the Public Defender, Petitioner
Paul Edward PetilloOffice of the Public Defender, Petitioner