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Dissent
SUPREME COURT OF THE UNITED STATES
DALE GLENN MIDDLETON
17–6580 v.
FLORIDA
RANDY W. TUNDIDOR
17–6735 v.
FLORIDA
on petitions for writs of certiorari to the supreme court of florida
The petitions for writs of certiorari are denied.
Justice Breyer, dissenting from the denial of certiorari.
For the reasons set forth in my concurring opinions in Hurst v. Florida, 577 U. S. ___, ___ (2016) (opinion concurring in judgment), and Ring v. Arizona, 536 U. S. 584, 613 (2002) (same), I would vacate and remand these cases for the Florida Supreme Court to address the Eighth Amendment issue in the first instance. I therefore agree with the dissenting opinion of Justice Sotomayor. In my view, “the Eighth Amendment requires individual jurors to make, and to take responsibility for, a decision to sentence a person to death.” Id., at 619. I respectfully dissent.
TOP
Dissent
SUPREME COURT OF THE UNITED STATES
DALE GLENN MIDDLETON
17–6580 v.
FLORIDA
RANDY W. TUNDIDOR
17–6735 v.
FLORIDA
on petitions for writs of certiorari to the supreme court of florida
The petitions for writs of certiorari are denied.
Justice Breyer, dissenting from the denial of certiorari.
For the reasons set forth in my concurring opinions in Hurst v. Florida, 577 U. S. ___, ___ (2016) (opinion concurring in judgment), and Ring v. Arizona, 536 U. S. 584, 613 (2002) (same), I would vacate and remand these cases for the Florida Supreme Court to address the Eighth Amendment issue in the first instance. I therefore agree with the dissenting opinion of Justice Sotomayor. In my view, “the Eighth Amendment requires individual jurors to make, and to take responsibility for, a decision to sentence a person to death.” Id., at 619. I respectfully dissent.