No. 20-6879
IFP
Tags: due-process eighth-amendment hall-v-florida intellectual-disability montgomery-v-louisiana postconviction-procedure retroactive-application retroactivity substantive-rule
Key Terms:
DueProcess Punishment HabeasCorpus Securities JusticiabilityDoctri
DueProcess Punishment HabeasCorpus Securities JusticiabilityDoctri
Latest Conference:
2021-05-20
Question Presented (AI Summary)
Whether Florida's postconviction procedures governing intellectual-disability claims fail to vindicate defendants' substantive Eighth-Amendment rights, such that it constitutes a violation of due-process
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. Whether Florida’s postconviction procedures governing intellectual disability claims fail to vindicate defendants’ substantive Eighth Amendment rights, such that it constitutes a violation of due process? 2. Whether this Court’s decision in Hall v. Florida, 134 8. Ct. 1986 (2014), announced a new substantive rule, such that it must be applied retroactively by state courts under Montgomery v. Louisiana, 136 8. Ct. 718 (2016). i
Docket Entries
2021-05-24
Petition DENIED.
2021-05-05
DISTRIBUTED for Conference of 5/20/2021.
2021-04-29
Reply of petitioner John Freeman filed.
2021-04-19
Brief of respondent Florida in opposition filed.
2021-02-05
Motion to extend the time to file a response is granted and the time is extended to and including April 19, 2021.
2021-02-04
Motion to extend the time to file a response from February 16, 2021 to April 19, 2021, submitted to The Clerk.
2021-01-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)
Attorneys
Florida
Amitabh Agarwal — Office of the Attorney General, Respondent
Amitabh Agarwal — Office of the Attorney General, Respondent
John Freeman