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David Jones v. Florida

IFP petition · District Court of Appeal of Florida, Fourth District, No. 4D2023-2997 · judgment May 20, 2026


Pending

Questions presented

  1. Whether Petitioner was deprived of his right, under the Sixth and Fourteenth Amendments, to a trial by a 12-person jury? This is the question presented in Kian v. Florida, No. 25-6623, 2026 WL 1718018 (U.S. June 15, 2026) (granting petition).

  2. Whether, contrary to the Due Process and Jury Clauses, the trial court erred in imposing an enhanced sentence of life imprisonment under statutes that authorized that sentence based on nonjury fact-findings upon proof by a preponderance of the evidence?

Counsel of record

For petitioner
Paul Edward Petillo
Office of the Public Defender

For respondent
Celia A. Terenzio

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
—

Proceedings

  1. Oct 06 2026
    Response to petition from respondent Florida filed.
  2. Sep 02 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2026)