Cunningham v. Florida
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.

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
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
New analysis added
Case data updated: summary, question_presented, generation_metadata
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Opinion added: Cunningham
Opinion added: Opinion
Brief added: Petition
More questions
- 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.