No. 20-6879

John D. Freeman v. Florida

Lower Court: Florida
Docketed: 2021-01-14
Status: Denied
Type: IFP
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
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 AgarwalOffice of the Attorney General, Respondent
Amitabh AgarwalOffice of the Attorney General, Respondent
John Freeman
Dawn Brandi MacreadyCapital Collateral Regional Counsel - North, Petitioner
Dawn Brandi MacreadyCapital Collateral Regional Counsel - North, Petitioner
Stacy Rowell BiggartOffice of the Capital Collateral Regional Counsel-North, Petitioner
Stacy Rowell BiggartOffice of the Capital Collateral Regional Counsel-North, Petitioner