No. 21-483

David Klug v. Florida

Lower Court: Florida
Docketed: 2021-10-01
Status: Denied
Type: Paid
Response Waived
Tags: charging-document criminal-charging due-process fifth-amendment jury-unanimity lewd-and-lascivious-molestation sexual-offenses sixth-amendment
Key Terms:
FifthAmendment DueProcess Securities
Latest Conference: 2021-11-19
Question Presented (AI Summary)

Whether a state prosecuting authority may bundle several single-act offenses concerning the lewd and lascivious molestation of a minor into the same single count of a charging document without violating the Fifth and Sixth Amendments' right to due process and jury unanimity?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a state prosecuting authority may bundle several single-act offenses concerning the lewd and lascivious molestation of a minor into the same single count of a charging document without violating the Fifth and Sixth Amendments’ right to due process and jury unanimity? Asked differently, do the Fifth and Sixth Amendments, as applied to the States through the Fourteenth Amendment, allow for a series of sexual offenses committed at different times over an extended period on the same victim, either directly or through a charge of lewd and lascivious molestation based on those same underlying offenses, to be joined in a single count in the same charging document? ii PROCEEDINGS IN STATE TRIAL AND APPELLATE COURTS DIRECTLY RELATED TO THIS CASE The Petitioner, David Klug, was the defendant in Florida state trial court, in the Circuit Court of the Eighteenth Judicial Circuit, Brevard County, Florida, and the appellant in the reviewing state court, the Fifth District Court of Appeal. Respondent, the State of Florida, was the prosecutor and plaintiff in the state trial court and the appellee in the state appellate court. The related cases include the following: State Trial Court: In the Circuit Court of the Eighteenth Judicial Circuit, Brevard County, Florida: State of Florida v. David Stuart Klug, Case No. State Appeals Court: In the Fifth District Court of Appeal, State of Florida (state court of last resort): David Klug, Appellant, v. State of Florida, Appellee, Appeal No. 5D20-610.

Docket Entries

2021-11-22
Petition DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-11-01
Waiver of right of respondent State of Florida to respond filed.
2021-09-29
Petition for a writ of certiorari filed. (Response due November 1, 2021)

Attorneys

David Klug
Fritz SchellerFritz Scheller, P.L., Petitioner
State of Florida
Kristen Lynn DavenportSuite 500, Respondent