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James Desmond Booth v. Florida
IFP petition · District Court of Appeal of Florida, Fifth District, No. 5D2024-2807 · judgment February 19, 2026
Question presented
Whether defense counsel’s decision to object to the removal of a sleeping juror solely because that juror was the only black juror on the panel can constitute a reasonable strategic decision under Strickland v. Washington, 466 U.S. 668 (1984); and whether Batson v. Kentucky, 476 U.S. 79 (1986) and its progeny – particularly Georgia v. McCollum, 505 U.S. 42 (1992) – prohibit defense counsel from making race-based juror retention decisions.
Counsel of record
For petitioner
Michael Robert Ufferman
Michael Ufferman Law Firm, P.A.
For respondent
Alyssa Marie Williams
Office of the Attorney General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Linked docket
25A1363
Order
Order list, October 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Sep 10 2026DISTRIBUTED for Conference of 9/28/2026.
- Sep 03 2026Waiver of right of respondent State of Florida to respond filed.
- Jul 24 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2026)
- Jun 09 2026Application (25A1363) granted by Justice Thomas extending the time to file until July 24, 2026.
- Jun 02 2026Application (25A1363) to extend the time to file a petition for a writ of certiorari from June 25, 2026 to July 27, 2026, submitted to Justice Thomas.