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Oliver v. Florida

Certiorari Denied

Petition for certiorari denied on October 16, 2017.

Docket No.17-5083
Op. BelowFla.

Issue

(1) Whether, when a Florida jury recommended a death sentence prior to the Supreme Court's decision in Hurst v. Florida, and the jury didn't make any of the findings required by Hurst, the error can be deemed harmless under Chapman v. California, or whether the jury's recommendation is insufficient to constitute a jury verdict as required by the Sixth Amendment; and (2) whether, when the jury was repeatedly advised by the court that its advisory sentencing recommendation was non-binding, the death-sentencing procedures in this case complied with the Eighth Amendment.

Proceedings & orders timeline

Jun 28, 2017
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2017)
Aug 4, 2017
Brief of respondent Florida in opposition filed.
Aug 24, 2017
DISTRIBUTED for Conference of 9/25/2017.
Oct 2, 2017
DISTRIBUTED for Conference of 10/6/2017.
Oct 10, 2017
DISTRIBUTED for Conference of 10/13/2017.
Oct 16, 2017
Petition DENIED. Justice Breyer, dissenting from the denial of certiorari. (Detached Opinion). Justice Sotomayor, with whom Justice Ginsburg and Justice Breyer join, dissenting from the denial of certiorari. (Detached Opinion)

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