No. 18-9235

Richard McMillan, III v. Florida

Lower Court: Florida
Docketed: 2019-05-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure criminal-procedure due-process evidence inconsistent-evidence inconsistent-testimony judicial-discretion motion-for-acquittal motion-for-judgment-of-acquittal petitioner-defense state-evidence trial trial-court trial-court-evidence
Latest Conference: 2019-10-01
Question Presented (from Petition)

As to ISSUE I of this application,
QUESTION # 1: Can the Trial Court forbid Submission of Evidence at trial that
supports Petitioner's Defense, when in fact, there's a dispute?
As to ISSUE II of this 'application,
QUESTION # 2: Should a Motion for Judgment of Acquittal be granted, when the
State's Evidence is inconsistent with the information and inconsistent between
testimony and physical evidence at trial?

Question Presented (AI Summary)

Can the Trial Court forbid Submission of Evidence at trial that supports Petitioner's Defense, when in fact, there's a dispute?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Waiver of right of respondent Florida to respond filed.
2019-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)

Attorneys

Florida
Celia A. Terenzio — Respondent
Richard McMillan
Richard McMillan III — Petitioner