On November 19, 2015, Kearse filed an appeal before the US Court of Appeals for the Eleventh Circuit.
https://dockets.justia.com/docket/ci.../ca11/15-15228
On November 19, 2015, Kearse filed an appeal before the US Court of Appeals for the Eleventh Circuit.
https://dockets.justia.com/docket/ci.../ca11/15-15228
Supreme Court rejects death penalty appeals
TALLAHASSEE, Fla. - The Florida Supreme Court on Thursday rejected appeals by three Death Row inmates in decades-old cases, including the 1991 murder of a Fort Pierce police officer.
The rulings were part of a long line of similar decisions in cases rooted in a 2016 U.S. Supreme Court decision.
In one of Thursday’s cases, justices turned down an appeal by Death Row inmate Billy Leon Kearse, who was convicted in the murder of Fort Pierce police officer Danny Parrish during a traffic stop, according to court records.
In another case, justices rejected an appeal by Death Row inmate Stephen Todd Booker, who was convicted in the 1977 murder of 94-year-old Lorine Demoss Harmon in Alachua County.
In the third case, justices denied an appeal by Ian Deco Lightbourne, who was convicted in the 1981 sexual battery and murder of Nancy O’Farrell in Marion County.
Each of the appeals related to a 2016 U.S. Supreme Court ruling in a case known as Hurst v. Florida and a subsequent Florida Supreme Court decision.
The 2016 U.S. Supreme Court ruling found Florida's death-penalty sentencing system was unconstitutional because it gave too much authority to judges, instead of juries.
The subsequent Florida Supreme Court ruling said juries must unanimously agree on critical findings before judges can impose death sentences and must unanimously recommend the death penalty.
But the Florida Supreme Court made the new sentencing requirements apply to cases since June 2002. That is when the U.S. Supreme Court issued a ruling known as Ring v. Arizona that was a premise for striking down Florida's death-penalty sentencing system in 2016.
In each of the cases Thursday, the Death Row inmates had been sentenced to death before the Ring decision and argued that the new requirements should also apply to their cases. But the Supreme Court said the Hurst requirements should not retroactively apply to the inmates.
https://www.news4jax.com/news/florid...enalty-appeals
An uninformed opponent is a dangerous opponent.
"Y'all be makin shit up" ~ Markeith Loyd
In today's United States Supreme Court orders, Kearse's petition for a writ of certiorari was DENIED.
Lower Ct: Supreme Court of Florida
Case Numbers: (SC18-458)
Decision Date: August 30, 2018
https://www.supremecourt.gov/search....c/18-7643.html
On June 15, 2020, oral argument will be heard in Kearse's appeal before the Eleventh Circuit.
http://www.ca11.uscourts.gov/sites/d...9_Kearse_0.pdf
The Eleventh Circuit has denied Kearse’s appeal and affirmed the district court’s denial of his habeas petition.
https://law.justia.com/cases/federal...022-08-25.html
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
I’m going to the ghost McDonalds - Garcello
The panel was made up of Judge Wilson (Clinton), Judge Luck (Trump) and Senior Judge Ed Carnes (G.H.W. Bush). Judge Wilson dissented.
En banc rehearing denied October 26, 2022.
https://www.supremecourt.gov/DocketP...ttachments.pdf
Final petition for writ of certiorari filed 2/23/23.
https://www.supremecourt.gov/Search....5C22-6868.html
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
I’m going to the ghost McDonalds - Garcello
Final appeal distributed for conference 4/28/2023.
https://www.supremecourt.gov/search....c/22-6868.html
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
I’m going to the ghost McDonalds - Garcello
Petition for certiorari denied.
Lower Ct: United States Court of Appeals for the Eleventh Circuit
Case Numbers: (15-15228)
Decision Date: August 25, 2022
Rehearing Denied: October 26, 2022
https://www.supremecourt.gov/orders/...23zor_1an2.pdf
Appeals exhausted. Execution date imminent.
Thank you for the adventure - Axol
Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park
Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt
I’m going to the ghost McDonalds - Garcello
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