No. 24-5939

James Herard v. Florida

Lower Court: Florida
Docketed: 2024-11-07
Status: Denied
Type: IFP
IFP
Tags: death-penalty due-process expert-testimony fifth-amendment interrogation-techniques miranda-rights
Key Terms:
DueProcess FifthAmendment FourthAmendment Punishment CriminalProcedure Securities Privacy JusticiabilityDoctri
Latest Conference: 2025-02-28
Question Presented (AI Summary)

Whether the trial court erred in refusing to suppress statements made by James Herard under the 5th and 14th Amendments and Miranda v. Arizona, and whether the court improperly denied expert testimony on interrogation techniques and imposed a death sentence based on a jury recommendation

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW I, WHETHER THE TRIAL COURT REVERSIBLY ERRED BY REFUSING TO SUPPRESS JAMES HERARD’S STATEMENTS PURSUANT TO THE 5th AND 14th AMENDMENTS TO THE UNITED STATES CONSTITUTION AND MIRANDA v ARIZONA AS THEY WERE NOT VOLUNTARY, WERE MADE AFTER HE REQUESTED COUNSEL, AND SUBSEQUENTLY AFTER HIS COUNSEL INVOKED HIS RIGHT TO COUNSEL AND TO REMAIN SILENT? fl. WHETHER THE TRIAL COURT REVERSIBLY ERRED BY REFUSING TO ALLOW JAMES HERARD’S EXPERT WITNESS TO TESTIFY CONCERNING THE REID TECHNIQUE IN INTERROGATIONS AND FALSE CONFESSIONS? Il. WHETHER JAMES HERARD WAS UNLAWFULLY AND IMPROPERLY SENTENCED TO DEATH BY A JUDGE BASED UPON AN 8-4 JURY RECOMMENDATION? INTERESTED

Docket Entries

2025-03-03
Petition DENIED.
2025-02-13
DISTRIBUTED for Conference of 2/28/2025.
2025-01-30
Response of Florida to motion submitted.
2025-01-30
Brief of respondent Florida in opposition filed.
2024-11-25
Motion to extend the time to file a response is granted and the time is extended to and including January 30, 2025.
2024-11-20
Motion to extend the time to file a response from December 9, 2024 to January 30, 2025, submitted to The Clerk.
2024-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2024)
2024-09-27
Application (24A298) granted by Justice Thomas extending the time to file until November 1, 2024.
2024-09-26
Application (24A298) to extend the time to file a petition for a writ of certiorari from October 1, 2024 to November 30, 2024, submitted to Justice Thomas.

Attorneys

Florida
Lisa-Marie Krause LernerOffice of the Attorney General, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
James Herard
Richard L. RosenbaumLaw Offices of Richard Rosenbaum, Petitioner