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Guardado v. Florida

Petition for certiorari denied on November 13, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-9284 Fla. N/A N/A N/A N/A OT 2018

Issues: (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)
Jun 06 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2018)
Jul 02 2018Brief of respondent State of Florida in opposition filed.
Jul 13 2018Reply of petitioner Jesse Guardado filed.
Jul 19 2018DISTRIBUTED for Conference of 9/24/2018.
Sep 18 2018Rescheduled.
Sep 27 2018DISTRIBUTED for Conference of 10/12/2018.
Oct 09 2018Rescheduled.
Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 22 2018Rescheduled.
Oct 29 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 05 2018DISTRIBUTED for Conference of 11/9/2018.
Nov 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).
 
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