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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
Pending
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
Proceedings
- 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.