Records in death penalty appeals
Occhicone v. Florida
In brief
- Where it stands
- Dismissed
Petition denied.
- What it’s about
- Dominick A. Occhicone asked the Supreme Court to review Florida courts’ refusal to provide more prison records or hold an evidentiary hearing, and his challenge to Florida’s interpretation of the Eighth Amendment.
- Who it affects
- Occhicone did not get Supreme Court review of these claims; the Court did not decide whether Florida violated his rights.
Summary: written with AI from the case record.
What it's about
The Court refused to hear the case (denied review), so it did not decide those legal questions.
Occhicone’s petition raised separate challenges about access to prison records and a hearing, and Florida’s interpretation of the Eighth Amendment.
Question presented
1. Does the Florida courts’ complete refusal to provide additional FDOC records to Occhicone, by imposing an improper standard of raising a “colorable claim for relief” in order to obtain those records, along with their refusal to conduct an evidentiary hearing result in an abuse of discretion in violation of Occhicone’s due process and equal protection rights under the Fourteenth Amendment? 2. Does the State of Florida’s interpretation of the Eighth Amendment and reliance on its Conformity Clause violate Occhicone’s right to be free from cruel and/or unusual punishment and right to due process under the Fourteenth Amendment?
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Brief added: Petition
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.