No. 24-6300

Pablo Gutierrez v. Florida

Lower Court: Florida
Docketed: 2025-01-14
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: confrontation-clause criminal-procedure due-process fourteenth-amendment interpreter-rights sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2025-05-22 (distributed 2 times)
Question Presented (AI Summary)

Whether Petitioner was deprived of his rights to due process and confrontation under the Sixth and Fourteenth Amendments, where the interpreter was prohibited from translating recordings played to the jury during the State's case against him?

Question Presented (OCR Extract)

The trial court recognized Mr. Gutierrez only spoke Spanish and appointed an interpreter for him —but the int erpreter was prohibited from translating evidence admitted at trial . At trial, the State presented as part of its case r ecorded interviews as the evidence against Mr. Gutierrez. These recorded interviews were in English. The State placed the recordings in to evidence and the recordings were played to the jury. Pursuant to an administrative order the interpreter did not translate the recordings for Mr. Gutierrez. It has been recognized the use of an interpreter is necessary to effectuate the due process and other rights guaranteed by the Sixth and Fourteenth Amendments of the United States Constitution. This Court has not decided what degree of interpretive assistance is constitutionally required for non -English speaking defendants. The question presented is : Whether Petitioner was de prived of his right s to due process and confrontation under the Sixth and Fourteenth Amendments, where the interpreter was prohibited from translating recordings played to the jury during the State’s case against him? ii RELATED PR OCEEDINGS The proceeding listed below is directly related to the above captioned case in this Court : Gutierrez v. State , 394 So. 3d 1131 (Fla. 4th DCA 2024) .

Docket Entries

2025-05-27
Petition DENIED.
2025-05-07
DISTRIBUTED for Conference of 5/22/2025.
2025-04-25
Reply of Pablo Gutierrez submitted.
2025-04-25
2025-04-21
Brief of Florida in opposition submitted.
2025-04-21
2025-03-17
Motion to extend the time to file a response is granted and the time is extended to and including April 21, 2025.
2025-03-14
Motion of Florida for an extension of time submitted.
2025-03-14
Motion to extend the time to file a response from March 20, 2025 to April 21, 2025, submitted to The Clerk.
2025-02-18
Response Requested. (Due March 20, 2025)
2025-02-06
DISTRIBUTED for Conference of 2/21/2025.
2025-02-05
Waiver of Florida of right to respond submitted.
2025-02-05
Waiver of right of respondent Florida to respond filed.
2025-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2025)

Attorneys

Florida
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
Pablo Gutierrez
Jeffrey L. AndersonOffice of the Public Defender, Petitioner
Jeffrey L. AndersonOffice of the Public Defender, Petitioner