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Logan Brooks Drinkard v. Mark S. Inch, Secretary, Florida Department of Corrections

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-12543 · judgment February 1, 2021


Certiorari denied · October 4, 2021
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

In a case where the prosecution charged both a greater offense and a lesser included offense in the same charging document, and where the jury found the Petitioner guilty of the greater offense – but not guilty of the lesser included offense – whether constitutional double jeopardy principles prohibit a conviction on the greater offense in light of the jury’s not guilty verdict for the lesser included offense.

Counsel of record

For petitioner
Michael Robert Ufferman
Michael Ufferman Law Firm, P.A.

For respondent
Trisha Meggs Pate
Office of the Attorney General Criminal Appeals Division Tallahassee

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 01 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 23 2021
    Waiver of right of respondent state of florida to respond filed.
  4. Jul 01 2021
    Petition for a writ of certiorari filed. (Response due August 16, 2021)