No. 21-8187

Jesse Bell v. Florida

Lower Court: Florida
Docketed: 2022-06-21
Status: Denied
Type: IFP
IFP
Tags: aggravating-factors alleyne-v-united-states apprendi-v-new-jersey capital-sentencing constitutional-standard due-process mitigating-circumstances reasonable-doubt ring-v-arizona standard-of-proof
Key Terms:
DueProcess Punishment
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the Due Process Clause requires the additional determinations under Florida's capital sentencing scheme to be made beyond a reasonable doubt

Question Presented (OCR Extract)

QUESTION PRESENTED Under Florida’s capital sentencing scheme, in addition to finding at least one aggravating factor exists, the factfinder must make additional determinations before a capital sentence can be imposed: (1) whether “sufficient aggravating factors exist,” and (2) whether “aggravating factors exist which outweigh the mitigating circumstances.” See Fla. Stat. § 921.141(2) (2021). The question presented is whether, considering the operation and effect of Florida’s capital sentencing scheme, the Due Process Clause requires these additional determinations to be made beyond a reasonable doubt. i STATEMENT OF

Docket Entries

2022-10-03
Petition DENIED.
2022-07-28
DISTRIBUTED for Conference of 9/28/2022.
2022-07-08
Brief of respondent Florida in opposition filed.
2022-06-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2022)

Attorneys

Jesse Bell
Barbara Jane BusharisPublic Defender's Office, Second Judicial Circuit, Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent