No. 21-60

Logan Brooks Drinkard v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-07-16
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: constitutional-law criminal-conviction criminal-procedure double-jeopardy greater-offense jury-verdict lesser-included-offense
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether constitutional double jeopardy principles prohibit a conviction on a greater offense when the jury found the defendant not guilty of a lesser included offense

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW In a case where the prosecution charged both a greater offense and a lesser included offense in the same charging document, and where the jury found the Petitioner guilty of the greater offense — but not guilty of the lesser included offense — whether constitutional double jeopardy principles prohibit a conviction on the greater offense in light of the jury’s not guilty verdict for the lesser included offense. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii C.

Docket Entries

2021-10-04
Petition DENIED.
2021-09-01
DISTRIBUTED for Conference of 9/27/2021.
2021-08-23
Waiver of right of respondent state of florida to respond filed.
2021-07-01
Petition for a writ of certiorari filed. (Response due August 16, 2021)

Attorneys

Logan Brooks Drinkard
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
state of florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent