No. 24-6890

Earl Emanuel v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2025-03-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment constitutional-integrity due-process judicial-rule jury-practices separation-of-powers
Key Terms:
DueProcess
Latest Conference: 2025-05-15
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2025-09-05
Rehearing DENIED.
2025-08-14
DISTRIBUTED.
2025-06-04
Petition for Rehearing filed.
2025-05-19
Petition DENIED.
2025-04-30
DISTRIBUTED for Conference of 5/15/2025.
2025-04-28
Waiver of Dixon, Sec., FL DOC of right to respond submitted.
2025-04-28
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2025-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 28, 2025)

Attorneys

Dixon, Sec., FL DOC
Richard Chambers ValuntasOffice of Attorney General, Respondent
Richard Chambers ValuntasOffice of Attorney General, Respondent
Earl Emanuel
Earl Emanuel — Petitioner
Earl Emanuel — Petitioner