No. 21-1339

Carlton Richard Nebergall v. Florida

Lower Court: Florida
Docketed: 2022-04-08
Status: Denied
Type: Paid
Response Waived
Tags: closing-arguments covid-19 covid-19-context deliberation-pressure due-process fair-trial impartial-jury judicial-instruction jury-coercion
Key Terms:
DueProcess
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Did the trial court violate Petitioner's constitutional right to a fair and impartial jury?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did the trial court violate Petitioner’s constitutional right to a fair and impartial jury by creating a substantial risk that one or more jurors felt pressured or coerced into abandoning their position by ordering Petitioner’s deadlocked jury to continue deliberations after the jury, in spite of the court’s instructions to the contrary, disclosed a numerical split, at the same time as the World Health Organization announced Covid-19 as a Global Pandemic and Florida’s Governor issued a State Health Emergency; without the court ever inquiring whether the jury had concerns with continuing to deliberate? Is a prosecutor’s comments in closing arguments, inferring to the jury that it was improper for a defendant to view pretrial discovery with his attorney, as a basis for the jury to discredit the defendant’s testimony, sufficiently egregious to result in denying Petitioner’s due process rights to a fair trial? ii STATEMENT OF RELATED CASES On March 16, 2020 Petitioner was convicted of Manslaughter with a Firearm in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida in case number 2018CF001621AXXX. On September 29, 2020, Petitioner was sentenced to 156 months in the Florida Department of corrections. The Florida Fourth District Court of Appeal denied Petitioner’s direct appeal on December 22, 2021. (4D20-2171) (

Docket Entries

2022-05-16
Petition DENIED.
2022-04-20
DISTRIBUTED for Conference of 5/12/2022.
2022-04-13
Waiver of right of respondent State of Florida to respond filed.
2022-04-12
Letter from counsel for petitioner received.
2022-04-06
Petition for a writ of certiorari filed. (Response due May 9, 2022)

Attorneys

Carlton Nebergall
Michael SalnickSalnick, Fuchs and Bertisch, P.A., Petitioner
State of Florida
Celia A. Terenzio — Respondent