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Perez v. Florida

Petition for certiorari denied on March 6, 2017
Docket No. Op. Below Argument Opinion Vote Author Term
16-6250 Fla. Dist. Ct. App. N/A N/A N/A N/A OT 2016

Issues: (1) Whether a special jury instruction as to Section 790.162, Florida Statutes, that an accused may be convicted of that offense with the “stated intent” to do bodily harm to any person or damage to the property of any person, amounts to an unconstitutional diminishment of the required criminal mens rea or scienter under the United States Supreme Court's decision in Elonis v. United States; and (2) whether, under Elonis, Section 790.162, Florida Statutes, contains the necessary criminal element of mens rea or guilty knowledge instead of a mental state of mere negligence.

DateProceedings and Orders (key to color coding)
Jul 26 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2016)
Nov 16 2016DISTRIBUTED for Conference of December 2, 2016.
Nov 22 2016Response Requested . (Due December 22, 2016)
Dec 20 2016Brief of respondent Florida in opposition filed.
Jan 4 2017DISTRIBUTED for Conference of January 19, 2017.
Jan 12 2017Reply of petitioner Robert Perez filed. (Distributed)
Feb 6 2017DISTRIBUTED for Conference of February 17, 2017.
Feb 21 2017DISTRIBUTED for Conference of February 24, 2017.
Feb 27 2017DISTRIBUTED for Conference of March 3, 2017.
Mar 6 2017Petition DENIED Justice Sotomayor, concurring in the denial of certiorari. (Detached Opinion)
Mar 30 2017Petition for Rehearing filed.
Apr 12 2017DISTRIBUTED for Conference of April 28, 2017.
May 1 2017Rehearing DENIED.