Supreme Court of the United States · Official docket →
Michael James Jackson v. Florida
Paid petition · Supreme Court of Florida, No. SC2023-1298 · judgment December 18, 2025
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Under a Florida law enacted in 2023, a judge may impose the death penalty only if the jury first “determine[s] that the defendant should be sentenced to death.” Fla. Stat. § 921.141(2)(c). The question presented is whether the Sixth or Eighth Amendment requires that jury determination to be unanimous, or whether it suffices—as provided in the statute—for only eight of the twelve jurors to vote for death.
Counsel of record
For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic
For respondent
Jeffrey Paul DeSousa
Florida Office of the Attorney General
Proceedings
- Aug 28 2026Rescheduled.
- Aug 26 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 26 2026Reply of petitioner Michael James Jackson filed.
- Aug 17 2026Brief amici curiae of NAACP Florida State Conference, et al. filed.
- Aug 14 2026Brief amici curiae of Legal Scholars and Historians filed. VIDED.
- Aug 14 2026Brief amici curiae of Constitutional and Criminal Law Scholars filed.
- Aug 06 2026Brief of respondent Florida in opposition filed.
- Jul 14 2026Petition for a writ of certiorari filed. (Response due August 17, 2026)
- May 05 2026Application (25A1211) granted by Justice Thomas extending the time to file until August 5, 2026.
- Apr 30 2026Application (25A1211) to extend the time to file a petition for a writ of certiorari from July 6, 2026 to August 5, 2026, submitted to Justice Thomas.