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Reynolds v. Florida

Certiorari Denied

Petition for certiorari denied on November 13, 2018.

Docket No.18-5181
Op. BelowFla.

Issue

(1) Whether the Florida Supreme Court"s plurality decision rejecting the petitioner"s Caldwell v. Mississippi claim is error when the jury was affirmatively misled regarding its role in the sentencing process so as to diminish its sense of responsibility; and (2) whether the Florida Supreme Court"s per se harmless-error rule for violations of Hurst v. Florida"which deems errors harmless in every case in which the capital defendant"s pre-Hurst advisory jury, after being instructed that the findings of fact and sentencing decision would be made by the judge alone, unanimously recommended the death penalty"contravenes the Eighth Amendment under Caldwell v. Mississippi.

Proceedings & orders timeline

Jul 3, 2018
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2018)
Jul 23, 2018
Motion to extend the time to file a response from August 8, 2018 to September 7, 2018, submitted to The Clerk.
Jul 24, 2018
Motion to extend the time to file a response is granted and the time is extended to and including September 7, 2018.
Sep 7, 2018
Brief of respondent State of Florida in opposition filed.
Sep 21, 2018
Reply of petitioner Michael Gordon Reynolds filed.
Sep 27, 2018
DISTRIBUTED for Conference of 10/12/2018.
Oct 9, 2018
Rescheduled.
Oct 22, 2018
DISTRIBUTED for Conference of 10/26/2018.
Oct 22, 2018
Rescheduled.
Oct 29, 2018
DISTRIBUTED for Conference of 11/2/2018.
Nov 5, 2018
DISTRIBUTED for Conference of 11/9/2018.
Nov 13, 2018
Petition DENIED. Statement of Justice Breyer respecting the denial of certiorari. (Detached). Justice Thomas, concurring in the denial of certiorari. (Detached Opinion). Justice Sotomayor, dissenting from denial of certiorari. (Detached Opinion).

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