No. 20-6043

Robin Lee Archer v. Florida

Lower Court: Florida
Docketed: 2020-10-16
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure death-penalty due-process eighth-amendment fourteenth-amendment jury-role retroactivity statutory-construction substantive-criminal-law substantive-law
Key Terms:
AdministrativeLaw DueProcess Punishment
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the Florida Supreme Court's statutory construction in Hurst v. State constitutes substantive law

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Florida Supreme Court’s statutory construction in Hurst v. State constitutes substantive law, and if so, whether the Due Process Clause of the Fourteenth Amendment requires that this substantive law govern the law in existence at the time of Mr. Archer’s alleged offense? 2. Whether the Due Process Clause of the Fourteenth Amendment permits State v. Poole to retroactively change Florida’s substantive law to Mr. Archer’s detriment? 3. Whether the Florida Supreme Court’s recession from Hurst v. State in Poole violates the Eighth Amendment as it relates to the jury’s role of finding statutorily required facts beyond a reasonable doubt? 1

Docket Entries

2021-02-22
Petition DENIED.
2021-02-16
Reply of petitioner Robin Archer filed. (Received on March 2, 2021).
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2020-12-30
Brief of respondent State of Florida in opposition filed.
2020-12-15
Motion to extend the time to file a response is granted and the time is further extended to and including December 30, 2020.
2020-12-14
Motion to extend the time to file a response from December 16, 2020 to December 30, 2020, submitted to The Clerk.
2020-11-16
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020.
2020-11-13
Motion to extend the time to file a response from November 16, 2020 to December 16, 2020, submitted to The Clerk.
2020-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2020)

Attorneys

Robin Archer
Martin J. McClain — Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent