No. 20-7205

Leonardo Franqui v. Florida

Lower Court: Florida
Docketed: 2021-02-22
Status: Denied
Type: IFP
IFP
Tags: capital-defendant capital-punishment constitutional-interpretation due-process eighth-amendment hall-v-florida intellectual-disability jury-sentencing statutory-construction
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Is the Florida Supreme Court's understanding of the proper holistic evaluation to assess a capital defendant's intellectual disability consistent with Hall v. Florida and the Eighth Amendment?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is the Florida Supreme Court’s understanding of the proper holistic evaluation to be conducted in order to assess a capital defendant’s intellectual disability consistent with Hal] v. Florida and the Eighth Amendment? 2. Does the Florida Supreme Court’s statutory construction in Hurst v. State constitute substantive law and, if so, does the Due Process Clause of the Fourteenth Amendment require that this substantive law govern the law in existence in 1992, when Mr. Franqui’s offenses were charged? 3. Whether the Florida Supreme Court’s recession from Hurst v. State in State v. Poole violates the Eighth Amendment as it relates to the jury’s role of finding statutorily required facts beyond a reasonable doubt in order to authorize a sentence of death? i

Docket Entries

2021-05-17
Petition DENIED.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-07
Brief of respondent State of Florida in opposition filed.
2021-03-23
Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2021.
2021-03-22
Motion to extend the time to file a response from March 24, 2021 to April 7, 2021, submitted to The Clerk.
2021-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 24, 2021)

Attorneys

Leonardo Franqui
Todd Gerald Scher — Petitioner
Todd Gerald Scher — Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent