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John Sexton v. Florida
IFP petition · Supreme Court of Florida, No. SC2023-0079 · judgment September 12, 2024
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
- Oct 06 2025Petition DENIED.
- Jun 26 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 09 2025Brief of respondent Florida in opposition filed.
- Apr 30 2025Motion to extend the time to file a response is granted and the time is extended to and including June 9, 2025.
- Apr 29 2025Motion to extend the time to file a response from May 8, 2025 to June 9, 2025, submitted to The Clerk.
- Apr 04 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2025)