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Philmore v. Florida

Petition for certiorari denied on November 13, 2018

Docket No. Argument Opinion Vote Author Term
17-9556 N/A N/A N/A N/A OT 2018

Issue: (1) Whether Florida violated the petitioner"s and similar situated defendants" Eighth Amendment rights, and their equal protection and due process rights as guaranteed by the 14th Amendment, by denying the opportunity for full briefing of relevant, life-or-death, Hurst v. Florida issues; and (2) whether the Eighth and 14th Amendments require the petitioner and other similarly situated defendants to receive Hurst relief based on the Supreme Court"s decision in Caldwell v. Mississippi in light of the evolving standards of decency, equal protection, and the Eighth Amendment"s prohibition against cruel and unusual punishment when the advisory panel at the penalty phase of trial was repeatedly instructed in violation of Caldwell.

DateProceedings and Orders (key to color coding)
03/22/2018Application (17A1036) to extend the time to file a petition for a writ of certiorari from April 25, 2018 to June 24, 2018, submitted to Justice Thomas.
04/02/2018Application (17A1036) granted by Justice Thomas extending the time to file until June 24, 2018.
06/22/2018Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 26, 2018)
07/26/2018Brief of respondent State of Florida in opposition filed.
08/06/2018Reply of petitioner Lenard Philmore filed.
08/09/2018DISTRIBUTED 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).