No. 25-5605

David Joseph Pittman v. Florida

Lower Court: Florida
Docketed: 2025-09-11
Status: Denied
Type: IFP
IFP
Tags: capital-punishment due-process eighth-amendment equal-protection ex-post-facto retroactive-effect
Key Terms:
AdministrativeLaw DueProcess Punishment
Latest Conference: N/A
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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?

Docket Entries

2025-09-16
Reply of petitioner David Pittman filed.
2025-09-16
Application (25A280) referred to the Court.
2025-09-16
Petition DENIED.
2025-09-16
Application (25A280) for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2025-09-15
Brief of respondent Florida in opposition filed.
2025-09-15
Response to application from respondent Florida filed.
2025-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
2025-09-11
Application (25A280) for a stay of execution of sentence of death, submitted to Justice Thomas.

Attorneys

David Pittman
Julissa Rosalyn FontanCapital Collateral Regional Counsel- Middle Region, Petitioner
Julissa Rosalyn FontanCapital Collateral Regional Counsel- Middle Region, Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent