No. 18-8459

Wayne A. Bisso v. Florida

Lower Court: Florida
Docketed: 2019-03-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment blockburger-test common-law-marriage double-jeopardy due-process due-process-clause estate-inheritance fifth-amendment fourteenth-amendment grand-theft property-rights
Latest Conference: 2019-05-09
Question Presented (from Petition)

Whether the Due Process Clause of the Fourteenth Amendment protects a surviving spouse, who is factually and actually innocent, from being convicted and imprisoned for stealing their own property, where, upon the death of the common-law spouse, the Estate is passed down to the surviving spouse?

Whether Blochburger protects a surviving spouse under the Double Jeopardy Clause of the Fifth Amendment from being convicted of both First Degree Grand Theft and Grand Theft of a Motor Vehicle when all the same property was grouped in one "theft"?

Question Presented (AI Summary)

Whether the Due Process Clause of the Fourteenth Amendment protects a surviving spouse, who is factually and actually innocent, from being convicted and imprisoned for stealing their own property, where, upon the death of the common-law spouse, the Estate is passed down to the surviving spouse?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-18
Waiver of right of respondent Florida to respond filed.
2019-02-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)

Attorneys

Florida
Celia A. Terenzio — Respondent
Wayne A. Bisso
Wayne A. Bisso — Petitioner