Earl Emanuel v. Ricky D. Dixon, Secretary, Florida Department of Corrections
DueProcess
Whether the Florida Supreme Court denied the petitioner's 14th Amendment due process rights by refusing to recognize precedent on jury practices and potentially abrogating procedural law
1. Did the Florida Supreme Court deny this petitioner ’s 14th amendment right to due process of law when it refused to recognize justice Gorsuch's sub silentio precedent set in Cunningham v. Florida. 144 S. Ct. 1287 (2024), that the people of Florida has the power to revise their jury:*• practices? 2. Can the State Supreme Court be unbiased in determining if they violated separation of powers when they abrogated a procedural law by amending their corresponding rule? 3. Will this court settle the conflict between Judicial Rule 3.390 (R); (the judge shall not instruct on the penalty) and Statute 918.10 (1); (the jury instruction must include the penalty for the offense charged)? And decide which Ruje is constitutionally valid? 4. Will this court revisit and reconsider its precedent set in 1970 on the constitutional integrity of the six-person jury law holding in Williams v. Florida. 399 U.S. 78 (1970), in light of the State Supreme Court's abrogation of the jury penalty instruction law solely to discourage jury pardons? 1