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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


Certiorari denied · November 22, 2021
Pre-decision estimate: 3% cert probability

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

  1. Nov 22 2021
    Petition DENIED.
  2. Nov 02 2021
    DISTRIBUTED for Conference of 11/19/2021.
  3. Nov 01 2021
    Waiver of right of respondent State of Florida to respond filed.
  4. Sep 29 2021
    Petition for a writ of certiorari filed. (Response due November 1, 2021)