No. 24-6050

Lolita Barthel v. Florida

Lower Court: Florida
Docketed: 2024-12-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process eighth-amendment equal-protection juvenile-offender sentence-review
Key Terms:
DueProcess FifthAmendment CriminalProcedure HabeasCorpus Punishment
Latest Conference: 2025-01-24
Question Presented (AI Summary)

Whether juvenile offenders are entitled to sentence review under the Eighth Amendment and Equal Protection Clause when serving consecutive sentences

Question Presented (OCR Extract)

QUESTIONS PRESENTED: 1. Under the Eighth Amendment and the Equal Protection Clause, Are juvenile offenders entitled to a review of his or her sentence if they are ; serving consecutive sentences and “in custody under any one of them” as was established in Peyton v Rowe, 391 US 54 20 L Ed 2d 426, 88S Ct 1549 (1968) ? 2. Under the sixth amendment the trial court violated the petitioner's constitutional rights, where a sentence written order does not conform to the court's oral pronouncement of judgment and sentence, and the latter prevails ? 3. Under fourteenth amendment, Is it unconstitutional to find a juvenile offender “not amenable to rehabilitation or supervision” where the judge alone found the existence of an aggravating circumstance as an element of a separate and aggravated offense, when that juvenile has a sentence review that is for the reason of proving her rehabilitation ? 4. Under the Fifth Amendment, Is It unconstitutional to question a juvenile without given them the option to leave the interview at anytime or permission to call a parent and which the coerced Postarrest silence was used by prosecutor as evidence of guilt ?

Docket Entries

2025-01-27
Petition DENIED.
2025-01-09
DISTRIBUTED for Conference of 1/24/2025.
2025-01-02
Waiver of right of respondent Florida to respond filed.
2024-11-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2025)

Attorneys

Florida
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent
Lolita Barthel
Lolita Barthel — Petitioner
Lolita Barthel — Petitioner