No. 20-5892

Russell A. Stoddard v. Florida

Lower Court: Florida
Docketed: 2020-10-05
Status: Denied
Type: IFP
IFP
Tags: appellate-review cruel-and-unusual-punishment due-process eighth-amendment enhanced-sentence fourteenth-amendment sentencing state-law
Key Terms:
DueProcess Punishment
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Does the Eighth Amendment protection against cruel and unusual punishment prohibit a state from imposing a prison sentence that exceeds the maximum prison sentence allowed under state law?

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. DOES THE EIGHT AMENDMENT PROTECTION AGAINST CRUEL AND UNUSUAL PUNISHMENT PROHIBIT A STATE FROM IMPOSING A PRISON SENTENCE THAT . EXCEEDS THE MAXIMUM PRISON SENTENCE ALLOWED UNDER STATE LAW? wis ++, ++ :2, DOES THE FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS REQUIREA | _. |. STATE TO COMPLY WITH THE STATE'S STATUTORY REQUIREMENTS FOR AN. © glsscrae a. ENHANCED SENTENCE BEFORE IMPOSING AN ENHANCED SENTENCE? .., 3, DOES THE FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS REQUIRE AN “APPELLATE COURT TO ALLOW THE RECORD ON APPEAL TO BE SUPPLEMENTED WITH DOCUMENTS FILED IN THE LOWER TRIBUNAL THAT ARE RELEVANT TO THE ISSUE ON APPEAL, INCLUDING DOCUMENTS THAT ON THEIR FACE DEMONSTRATE THAT THE LOWER TRIBUNAL'S FACTUAL FINDINGS AND THE RESULTING LEGAL CONCLUSIONS WERE INCORRECT?

Docket Entries

2020-12-07
Petition DENIED.
2020-11-18
DISTRIBUTED for Conference of 12/4/2020.
2020-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2020)

Attorneys

Russell A. Stoddard
Russell A. Stoddard — Petitioner
Russell A. Stoddard — Petitioner