No. 20-7581

Michael Hernandez v. Florida

Lower Court: Florida
Docketed: 2021-03-26
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights fact-finding first-amendment judicial-discretion juvenile-sentencing life-sentence mandatory-minimum sentencing-factors sixth-amendment trial-judge
Key Terms:
FirstAmendment
Latest Conference: 2021-05-27
Question Presented (AI Summary)

Whether Florida's juvenile sentencing statute violates the Sixth Amendment

Question Presented (OCR Extract)

Questions Presented . 1. Whether Florida's juvenile sentencing statute — which mandates a life sentence if a certain : finding is made and prohibits that sentence when that finding is not made — violates the Sixth Amendment because it allows the trial judge to make that finding? 2. Whether the First Amendment is violated when a court bases a sentence, in part, on a a defendant's taste in music when there is no independent evidence establishing a nexus between his taste in music and a relevant sentencing factor?

Docket Entries

2021-06-01
Petition DENIED.
2021-05-12
DISTRIBUTED for Conference of 5/27/2021.
2020-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 26, 2021)

Attorneys

Michael Hernandez
Michael Hernandez — Petitioner