No. 20-6005

Victor Brancaccio v. Florida

Lower Court: Florida
Docketed: 2020-10-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: civil-rights constitutional-interpretation eighth-amendment eighth-amendment-claims federal-habeas-review federal-review habeas-corpus judicial-precedent supremacy-clause virginia-v-leblanc
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2020-11-13
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

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-22
Waiver of right of respondent Florida to respond filed.
2020-10-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2020)

Attorneys

Florida
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
Victor Brancaccio
Paul Edward PetilloOffice of the Public Defender, Petitioner
Paul Edward PetilloOffice of the Public Defender, Petitioner