David Joseph Pittman v. Florida
AdministrativeLaw DueProcess Punishment
Does the Florida Supreme Court's disparate application of Hall v. Florida to capital defendants create an unequal death penalty system violating the Eighth Amendment and ex post facto clause?
1. Does the Florida Supreme Court’s decision in Phillips v. State , 299 So.3d 1013 (Fla. 2020) , denying some capital defendants the retroactive effect of Hall v. Florida , 572 U.S. 701 (2014) , while having given retroactive effect of Hall to other similarly situated capital defendants, create an unacceptably disparate and unequal death penalty system in violation of the Eighth Amendment? 2. Does the Florida Supreme Court’s decision in Phillips violate the ex post facto clause of the United States Constitution?