Perez v. Florida
Petition for certiorari denied on March 6, 2017
Issue: (1) Whether a special jury instruction as to Section 790.162, Florida Statutes, that an accused may be convicted of that offense with the "stated intent" to do bodily harm to any person or damage to the property of any person, amounts to an unconstitutional diminishment of the required criminal mens rea or scienter under the United States Supreme Court's decision in Elonis v. United States; and (2) whether, under Elonis, Section 790.162, Florida Statutes, contains the necessary criminal element of mens rea or guilty knowledge instead of a mental state of mere negligence.
SCOTUSblog Coverage
- Todays order list includes a summary opinion, several statements regarding cert denials and a CVSG (Amy Howe, March 6, 2017)
| Date | Proceedings and Orders |
|---|---|
| 07/26/2016 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2016) |
| 11/16/2016 | DISTRIBUTED for Conference of December 2, 2016. |
| 11/22/2016 | Response Requested . (Due December 22, 2016) |
| 12/20/2016 | Brief of respondent Florida in opposition filed. |
| 01/04/2017 | DISTRIBUTED for Conference of January 19, 2017. |
| 01/12/2017 | Reply of petitioner Robert Perez filed. (Distributed) |
| 02/06/2017 | DISTRIBUTED for Conference of February 17, 2017. |
| 02/21/2017 | DISTRIBUTED for Conference of February 24, 2017. |
| 02/27/2017 | DISTRIBUTED for Conference of March 3, 2017. |
| 03/06/2017 | Petition DENIED Justice Sotomayor, concurring in the denial of certiorari. (Detached Opinion) |
| 03/30/2017 | Petition for Rehearing filed. |
| 04/12/2017 | DISTRIBUTED for Conference of April 28, 2017. |
| 05/01/2017 | Rehearing DENIED. |