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John Henry - Florida response to stay request

John Henry - Florida response to stay request

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Published by markberman
The Florida attorney general asked the U.S. Supreme court to reject John Henry's request for a stay of execution.
The Florida attorney general asked the U.S. Supreme court to reject John Henry's request for a stay of execution.

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Published by: markberman on Jun 18, 2014
Copyright:Traditional Copyright: All rights reserved

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07/11/2014

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CASE NOS. 13-10608/13A1255 IN THE UNITED STATES SUPREME COURT JOHN RUTHELL HENRY,
Petitioner,
 
vs. STATE OF FLORIDA,
Respondent.
ON PETITION FOR A WRIT OF CERTIORARI TO THE FLORIDA SUPREME COURT
RESPONDENT’S
 BRIEF IN OPPOSITION TO PETITION FOR WRIT OF CERTIORARI EXECUTION SCHEDULED JUNE 18, 2014 PAMELA JO BONDI  ATTORNEY GENERAL Tallahassee, Florida *CANDANCE M. SABELLA Chief Assistant Attorney General Florida Bar No. 0445071 candance.sabella@myfloridalegal.com CAROL M. DITTMAR Senior Assistant Attorney General Florida Bar No. 0503843 carol.dittmar@myfloridalegal.com Office of the Attorney General Concourse Center 4 3507 East Frontage Road, Suite 200 Tampa, Florida 33607 Telephone: (813) 287-7910 Facsimile: (813) 281-5501 *Counsel of Record for Respondent
 
 i
QUESTIONS PRESENTED FOR REVIEW
[Capital Case] Whether this Court has jurisdiction to grant
certiorari to review the Florida Supreme Court’s rejection of Petitioner’s challenge to his eligibility
for execution based upon
Hall v. Florida,
 134 S. Ct. 1986 (2014) where petitioner never raised a
Ford v. Wainwright
 claim and affirmatively relied on the findings of the panel he now challenges in support of his claim? Whether this Court has jurisdiction to review a decision of the Florida Supreme Court on a question of the retroactive application of
Hall v. Florida
, when that decision applied
Hall
 to the facts of this case without any consideration of retroactivity?

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