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Tanzi v. Florida

Petition for certiorari denied on November 13, 2018

Docket No. Argument Opinion Vote Author Term
18-5160 N/A N/A N/A N/A OT 2018

Issue: (1) Whether the Florida Supreme Court"s per se harmless-error rule for violations of Hurst v. Florida"which deems errors harmless in every case in which the capital defendant"s pre-Hurst advisory jury, after being instructed that the findings of fact and sentencing decision would be made by the judge alone, unanimously recommended the death penalty"contravenes the Eighth Amendment under Caldwell v. Mississippi; (2) whether the Florida Supreme Court"s per se harmless-error rule for Hurst violations contravenes the Supreme Court"s decisions holding that harmless-error review cannot be "automatic and mechanical," Barclay v. Florida; must include consideration of the whole record, Rose v. Clark; and must be accompanied by "a detailed explanation based on the record," Clemons v. Mississippi.

DateProceedings and Orders (key to color coding)
07/05/2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2018)
08/08/2018Brief of respondent State of Florida in opposition filed.
08/23/2018DISTRIBUTED for Conference of 9/24/2018.
09/18/2018Rescheduled.
09/27/2018DISTRIBUTED for Conference of 10/12/2018.
10/09/2018Rescheduled.
10/22/2018DISTRIBUTED for Conference of 10/26/2018.
10/22/2018Rescheduled.
10/29/2018DISTRIBUTED for Conference of 11/2/2018.
11/05/2018DISTRIBUTED for Conference of 11/9/2018.
11/13/2018Petition DENIED. Justice Thomas, concurring in the denial of certiorari: I concur for the reasons set out in Reynolds v. Florida, 586 U. S. ___ (2018) (Thomas, J., concurring). Justice Sotomayor, dissenting from the denial of certiorari: I dissent for the reasons set out in Reynolds v. Florida, 586 U. S. ___ (2018) (Sotomayor, J., dissenting).