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David Klug v. Florida
Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D20-610 · judgment March 23, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether a state prosecuting authority may bundle several single-act offenses concerning the lewd and lascivious molestation of a minor into the same single count of a charging document without violating the Fifth and Sixth Amendments’ right to due process and jury unanimity? Asked differently, do the Fifth and Sixth Amendments, as applied to the States through the Fourteenth Amendment, allow for a series of sexual offenses committed at different times over an extended period on the same victim, either directly or through a charge of lewd and lascivious molestation based on those same underlying offenses, to be joined in a single count in the same charging document?
Counsel of record
For petitioner
Fritz Scheller
Fritz Scheller, P.L.
For respondent
Kristen Lynn Davenport
Suite 500
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 22 2021Petition DENIED.
- Nov 02 2021DISTRIBUTED for Conference of 11/19/2021.
- Nov 01 2021Waiver of right of respondent State of Florida to respond filed.
- Sep 29 2021Petition for a writ of certiorari filed. (Response due November 1, 2021)