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Shain Gordon Shaw v. Florida

IFP petition · District Court of Appeal of Florida, Fourth District, No. 4D2024-1010 · judgment August 13, 2025


Pending

Questions presented

  1. Whether the state court erred in upholding, contrary to U.S. v. Bajakajian, 524 U.S. 321 (1998), and the Excessive Fines Clause, a mandatory fine pursuant to a statute that does not allow any proportionality considerations?

  2. Whether the state court erred in affirming, contrary to the holdings of the supreme courts of other states and the Excessive Fines Clause, fines and surcharges imposed under statutes that do not allow consideration of the defendant’s ability to pay?

Counsel of record

For petitioner
Jeffrey L. Anderson
Office of the Public Defender

For respondent
David Morgan Steven Dewhirst
Office of the Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jul 23 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 06 2026
    Brief of respondent Florida in opposition filed.
  3. May 27 2026
    Motion to extend the time to file a response is granted and the time is extended to and including July 6, 2026. See Rule 30.1.
  4. May 26 2026
    Motion to extend the time to file a response from June 3, 2026 to July 3, 2026, submitted to The Clerk.
  5. May 04 2026
    Response Requested. (Due June 3, 2026)
  6. Apr 23 2026
    DISTRIBUTED for Conference of 5/14/2026.
  7. Apr 17 2026
    Waiver of right of respondent Florida to respond filed.
  8. Mar 17 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 14, 2026)