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Michael H. Hunt v. Florida

Paid petition · Supreme Court of Florida, No. SC2024-0096 · judgment December 18, 2025


3%
estimated cert probability
(petition-stage, structural)
Rule 10: dissent below

Well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions 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 questions presented are:

  1. 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.

  2. Whether the Ex Post Facto Clause forbids applying Florida’s nonunanimity rule retroactively to individuals whose crimes were committed when state law required such jury determinations to be unanimous.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Jeffrey Paul DeSousa
Florida Office of the Attorney General

Case

Conference history

Amicus briefs
1 cert-stage

Linked docket
25A1210

Proceedings

  1. Aug 14 2026
    Brief amici curiae of Legal Scholars and Historians filed. VIDED.
  2. Aug 12 2026
    Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2026.
  3. Aug 10 2026
    Motion to extend the time to file a response from August 17, 2026 to September 16, 2026, submitted to The Clerk.
  4. Jul 14 2026
    Petition for a writ of certiorari filed. (Response due August 17, 2026)
  5. Jun 17 2026
    Application (25A1210) granted by Justice Thomas extending the time to file until July 21, 2026.
  6. Jun 12 2026
    Application (25A1210) to extend further the time from July 6, 2026 to July 21, 2026, submitted to Justice Thomas.
  7. May 05 2026
    Application (25A1210) granted by Justice Thomas extending the time to file until July 6, 2026.
  8. Apr 29 2026
    Application (25A1210) to extend the time to file a petition for a writ of certiorari from June 3, 2026 to August 2, 2026, submitted to Justice Thomas.