Vernon Carter v. Ricky D. Dixon, Secretary, Florida Department of Corrections
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Whether the trial court's jury instructions and verdict form violated the Petitioner's Fifth, Sixth, and Eighth Amendment rights by failing to specify punishable by life (P.B.L.) elements and potentially infringing on jury pardon power
QUESTION(S) PRESENTED The punishable by life “element” for a life sentence must be instructed to jury and place on the “Verdict” form. : Here in the Petitioner’s case, the jury had (no) knowledge of a P.B.L. Life Sentence (Therefore, the jury loss their Pardon Power on the amended information. Violation 5%, 6%, g® Amendment) P.B.L. information did the trial Court’s instruction to jury on uncharged alternative, theories violate right to trial by jury, a right to be informed of criminal charges and Double . Jeopardy, P.B.L. Kidnapping Count II Carjacking, Grand Theft Auto violation 5th, 6th, gth Amendment. ; Did the “Verdict” form agreed upon by the jury failure to specify of PBL. “Guilt” as to Count (1) P.B.L. Kidnapping Count (2) Carjacking violate 5", 6", 8 Amendment to the United States Constitution. vA