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John Chiarenza v. Florida

Paid petition · District Court of Appeal of Florida, Third District, No. 3D15-122 · judgment March 8, 2017


Certiorari denied · March 19, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Did the Florida courts violate petitioner’s due process protections in a self-defense Stand Your Ground criminal prosecution by excluding the defense-proffered human factors expert witness who offered testimony on a recognized area appropriate for an expert and whose analysis was essential to petitioner’s fair trial rights? Did the Florida courts engage in an unfair denial of a criminal defendant’s due process rights when depriving the jury of the defense requested theory of defense instruction that constituted a correct statement of the law, was not duplicative of the Florida standard instructions, and was essential to the petitioner’s ability to obtain a fair consideration of his case by the jury?

Counsel of record

For petitioner
Benedict P. Kuehne
Kuehne Davis Law, P.A.

For respondent
Jeffrey Robert Geldens
State of Florida, Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 28 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 20 2018
    Waiver of right of respondent State of Florida to respond filed.
  4. Jan 18 2018
    Petition for a writ of certiorari filed. (Response due February 21, 2018)