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John Sexton v. Florida

IFP petition · Supreme Court of Florida, No. SC2023-0079 · judgment September 12, 2024


Certiorari denied · October 6, 2025

Question presented

During John Sexton’s capital penalty phase trial, after he presented his mitgation and rested, the trial court called the defense team’s mitigation specialist as a court witness to elicit information that Sexton intentionally chose to omit from his presentation of mitigating evidence. The Florida Supreme Court found that the trial court violated Sexton’s Sixth Amendment right by commandeering his mitigation specialist and compelling her to testify to facts that he had intentionally omitted from his case, but it affirmed the death sentence on the basis that the constitutional violation was harmless error. The question presented is: Did the state trial court commit structural error by violating the Defendant's Sixth Amendment-secured right to autonomy in his capital penalty proceeding?

Counsel of record

For petitioner
Karen Mary Kinney
Public Defender, Tenth Judicial Circuit

For respondent
Carla Suzanne Bechard
Office of the Attorney General, State of Florida

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jun 26 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 09 2025
    Brief of respondent Florida in opposition filed.
  4. Apr 30 2025
    Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2025.
  5. Apr 29 2025
    Motion to extend the time to file a response from May 8, 2025 to June 9, 2025, submitted to The Clerk.
  6. Apr 04 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2025)