No. 18-8072

John J. Wilson v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2019-02-21
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 1st-amendment 5th-amendment 6th-amendment access-to-courts appellate-counsel constitutional-violation criminal-procedure discretionary-review due-process pro-se-representation sixth-amendment transcripts
Key Terms:
SocialSecurity Immigration
Latest Conference: 2019-04-26
Question Presented (from Petition)

(1) Can appellate counsel be denied, forcing a criminal defendant to represent himself in a direct appeal to the state district courts of appeal?

Wouldn't denial of appellate counsel in a direct appeal constitute a violation of the 6th Amendment?

Wouldn't failure by the state courts of Florida to hold an evidentiary hearing for pro se Defendant forced to represent himself constitute a basic and fundamental violation of criminal defendant's 1st Amendment rights to "access the courts" of the United States?

Wouldn't the failure to produce transcripts for the same direct appeal in which criminal defendant was forced to represent himself, and denied counsel, constitute a violation of same criminal defendant's 5th and 14th due process rights?

And alternatively, a violation of his fundamental 1st Amendment right to "access the courts"?

(5) Isn't denial of appellate counsel a violation of the 6th Amendment of the United States Constitution?

(6) Can the Supreme Court of Florida refuse to undertake discretionary review of these fundamental constitutional violations just because the District Court of Appeal has failed to issue a written opinion, per curiam, denying criminal defendant's cases without being represented by counsel?

Question Presented (AI Summary)

Can appellate counsel be denied, forcing a criminal defendant to represent himself in a direct appeal to the state district courts of appeal?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

John J. Wilson
John J. Wilson Jr. — Petitioner