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Johnston v. Florida

Petition for certiorari denied on November 13, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
18-5793 Fla. N/A N/A N/A N/A OT 2018

Issues: (1) Whether the Florida Supreme Court’s holding that a Hurst error is per se harmless when a jury issues a generalized unanimous recommendation for death, after receiving instructions that the judge would make both the findings of fact necessary for a death sentence and render the final decision on the death penalty, contravenes the Eighth Amendment under Caldwell v. Mississippi; and (2) whether the refusal of the Florida courts to consider the proffered scientific and sociological evidence to refute the notion of harmless Hurst error in this case resulted in violations of due process under the Fifth and 14th Amendments to the United States Constitution.

DateProceedings and Orders (key to color coding)
Aug 24 2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2018)
Sep 27 2018Brief of respondent State of Florida in opposition filed.
Oct 11 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 12 2018Reply of petitioner Ray Johnston filed. (Distributed)
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).
Dec 06 2018Petition for Rehearing filed.
Dec 12 2018DISTRIBUTED for Conference of 1/4/2019.
Jan 07 2019Rehearing DENIED.