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Carlton Richard Nebergall v. Florida

Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D20-2171 · judgment December 22, 2021


Certiorari denied · May 16, 2022
Pre-decision estimate: 1% cert probability

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

Question presented

Did the trial court violate Petitioner’s constitutional right to a fair and impartial jury by creating a substantial risk that one or more jurors felt pressured or coerced into abandoning their position by ordering Petitioner’s deadlocked jury to continue deliberations after the jury, in spite of the court’s instructions to the contrary, disclosed a numerical split, at the same time as the World Health Organization announced Covid-19 as a Global Pandemic and Florida’s Governor issued a State Health Emergency; without the court ever inquiring whether the jury had concerns with continuing to deliberate? Is a prosecutor’s comments in closing arguments, inferring to the jury that it was improper for a defendant to view pretrial discovery with his attorney, as a basis for the jury to discredit the defendant’s testimony, sufficiently egregious to result in denying Petitioner’s due process rights to a fair trial?

Counsel of record

For petitioner
Michael Salnick
Salnick, Fuchs and Bertisch, P.A.

For respondent
Celia A. Terenzio

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 16 2022
    Petition DENIED.
  2. Apr 20 2022
    DISTRIBUTED for Conference of 5/12/2022.
  3. Apr 13 2022
    Waiver of right of respondent State of Florida to respond filed.
  4. Apr 12 2022
    Letter from counsel for petitioner received.
  5. Apr 06 2022
    Petition for a writ of certiorari filed. (Response due May 9, 2022)