No. 20-5801

James Rogers v. Florida

Lower Court: Florida
Docketed: 2020-09-25
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: constitutional-rights eighth-amendment eighth-amendment-claims federal-habeas-review federal-review habeas-corpus legal-precedent state-court-decisions 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 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?

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.
2020-12-14
Reply of petitioner James Rogers submitted.
2020-12-03
Brief of respondent State of Florida in opposition filed.
2020-11-03
Response Requested. (Due December 3, 2020)
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-26
Waiver of right of respondent State of Florida to respond filed.
2020-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2020)

Attorneys

James Rogers
Paul Edward PetilloOffice of the Public Defender, Petitioner
Paul Edward PetilloOffice of the Public Defender, Petitioner
State of Florida
Amitabh AgarwalOffice of the Attorney General, Respondent
Amitabh AgarwalOffice of the Attorney General, Respondent