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Kelley v. Florida

Certiorari Denied

Petition for certiorari denied on October 1, 2018.

Docket No.17-1603
Op. BelowFla.

Issue

Whether the Florida Supreme Court"s novel and unprecedented decision to apply the Hurst decisions only to inmates whose death sentences became final after Ring v. Arizona, known as partial retroactivity, violates the Eighth and 14th Amendments because it arbitrarily uses as the cutoff point for retroactivity an earlier decision invalidating Arizona"s capital sentencing scheme under the Sixth Amendment and denies relief to the inmates who deserve it the most.

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