Summary
holding that “the only sentence now available in Florida for a charge of capital murder committed by a juvenile is life with the possibility of parole after twenty-five years”
Summary of this case from Brighton v. StateOpinion
CASE NO.: SC13-1938 CASE NO.: SC13-2000 Lower Tribunal No.: 5D12-138 Lower Tribunal No.: 05-2008-CF-010572-C
11-14-2013
ANTHONY DUWAYNE HORSLEY, JR. Petitioner(s) v. STATE OF FLORIDA Respondent(s) STATE OF FLORIDA Petitioner(s) v. ANTHONY DUWAYNE HORSLEY, JR. Respondent(s)
The Court accepts jurisdiction of these cases. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Petitioner's initial brief on the merits shall be served on or before December 10, 2013; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits.
The Clerk of the Fifth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before January 14, 2014. The record shall include the briefs filed in the district court separately indexed. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic. If an electronic record, the Clerk of the Fifth District Court of Appeal should contact the Clerk of this Court for instructions on transmittal of the electronic record. PARIENTE, LEWIS, QUINCE, and CANADY, JJ., concur.
LABARGA, J., concurs and would consider without oral argument.
A True Copy
Test:
__________________
John A. Tomasino
Clerk, Supreme Court
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Served:
KATHRYN ROLLISON RADTKE
KELLIE ANNE NIELAN
HON. PAMELA MASTERS, CLERK