No. 18-6038

Carlos D. Villavicencio v. Julie L. Jones, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2018-09-19
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 14th-amendment criminal-procedure double-jeopardy due-process jurisdiction nolle-prosequi prosecutorial-misconduct speedy-trial statute-of-limitations
Key Terms:
DueProcess
Latest Conference: 2019-03-01 (distributed 2 times)
Question Presented (from Petition)

Whether the prosecution (State of Florida) after Petitioner has been arrested in Dade County, Florida "Miami" and charged with two counts of First-Degree Murder in December 1987, and in February 1988, the State announced a "no action" dismissing the homicide charges and release Petitioner from jail on his own recognizance, but did not file an information nor indictment before the "no action" was announced, and approximately 2 years 10 months later December 1990, the State filed an indictment charging Petitioner with the same two homocides, facts, events, and circumstances, does the circuit court of the Eleventh Judicial Circuit, in and for, Dade County, Florida, retain jurisdiction.

Where the State filed the indictment after Petitioner's speedy trial time of 175 days pursuant to 3.191(a), Florida Rules Criminal Procedure had expired approximately 6 or 7 terms of the speedy trial time?

Question Presented (AI Summary)

Whether the prosecution (State of Florida) retained jurisdiction after the speedy trial period expired

Docket Entries

2019-03-04
Rehearing DENIED.
2019-02-13
DISTRIBUTED for Conference of 3/1/2019.
2018-12-12
Petition for Rehearing filed.
2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2018)

Attorneys

Carlos D. Villavicencio
Carlos D. Villavicencio — Petitioner