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Cunningham v. Florida

Updated Sep 19, 2026

In brief

The Supreme Court denied review (declined to hear Cunningham’s case), leaving the Florida ruling in place without deciding the 12-person-jury question.

Where it stands
Decided

Decided · May 28, 2024 · Opinion by Justice Gorsuch

What it’s about
The Supreme Court denied Natoya Cunningham’s petition for review on May 28, 2024. The Court therefore left in place the Florida court’s ruling in her case, which concerned whether felony defendants have a constitutional right to a 12-person jury.
Who it affects
The Florida court’s ruling remains in place for Cunningham’s case. The Supreme Court did not decide whether the Constitution requires a 12-person jury for felony defendants.

Summary: written with AI from the case record.

Illustration for Cunningham v. Florida
Conceptual illustration · AI-generated

What it's about

The Supreme Court can decline review without resolving the constitutional question raised by a case.

Question presented

Whether the Eighth Amendment’s prohibition against cruel and unusual punishment, as applied to the states through the Fourteenth Amendment, prohibits the execution of an individual who was under the age of 21 at the time of the offense?

What the Court decided

Holding

Petition DENIED. Justice Gorsuch, dissenting from the denial of certiorari. (Detached Opinion )

The vote

Majority author
Neil Gorsuch

What's next

The Court’s docket action is finished. The Florida ruling remains in place for Cunningham’s case, while the jury question remains unresolved in this docket.

Documents

3

Docket activity

8
  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 19, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 19, 2026 · Generated

  • New analysis added

    Sep 5, 2026 · Court records

  • Case data updated: summary, question_presented, generation_metadata

    Sep 5, 2026 · Court records

Show 3 more
  • Opinion added: Cunningham

    May 28, 2024 · Court records

  • Opinion added: Opinion

    May 28, 2024 · Court records

  • Brief added: Petition

    Jul 17, 2023 · Court records

More questions

4
What did the Supreme Court do in Cunningham v. Florida?
It denied review (declined to hear the case) and did not decide whether felony defendants have a constitutional right to a 12-person jury.
What ruling remains in place in Cunningham v. Florida?
The Florida court’s ruling remains in place for Cunningham’s case; the Supreme Court did not decide whether that ruling was correct.
What issue did Cunningham v. Florida leave unresolved?
Whether the Constitution requires a 12-person jury for felony defendants remains unresolved in this case.
What happens next in Cunningham v. Florida?
The Supreme Court’s docket action is finished, so the Florida ruling remains in place for Cunningham’s case.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 19, 2026Methodology

Court records and filings

Reporting and analysis