No. 22-7412

Darryl Bryan Barwick v. Ron Desantis, Governor of Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-04-29
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: clemency clemency-process criminal-justice due-process harbison-v-bell herrera-v-collins judicial-review mercy-standard parole-authority standing
Latest Conference: N/A
Question Presented (from Petition)

1. Whether a standardless clemency process, one that affords no
meaningful opportunity to be shown mercy, satisfies this Court's mandate in Ohio
Adult Parole Authority v. Woodard, 523 U.S. 272 (1998) (O'Connor, J., concurring), or
is merely the flip of a same sided coin reflecting "denied"?

2. Whether a clemency scheme preoccupied solely with the guilt of the
applicant provides the "fail safe in our criminal justice system" that this Court
championed in Herrera v. Collins, 506 U.S. 390 (1993), and Harbison v. Bell, 556 U.S.
180 (2009)

Question Presented (AI Summary)

Whether a standardless clemency process satisfies the Court's mandate in Ohio Adult Parole Authority v. Woodard

Docket Entries

2023-05-03
Petition DENIED.
2023-05-03
Application (22A949) referred to the Court.
2023-05-03
Application (22A949) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2023-05-01
Reply of applicant Darryl Barwick filed.
2023-05-01
Reply of petitioner Darryl Barwick filed.
2023-04-30
Brief of respondent Secretary, Florida Department of Corrections in opposition filed.
2023-04-29
Response to application from respondent Governor of Florida, et al. filed.
2023-04-28
2023-04-28
Application (22A949) for stay of execution of sentence of death, submitted to Justice Thomas.

Attorneys

Darryl Barwick
Linda McDermottFederal Defender for the Northern Dist of Florida, Petitioner
Secretary, Florida Department of Corrections
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent