No. 19-5986

Brian Whitaker v. Florida

Lower Court: Florida
Docketed: 2019-09-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment aedpa aedpa-standard arbitrary-governmental-action constitutional-rights due-process equal-protection postconviction-relief procedural-bar
Latest Conference: 2019-11-01
Question Presented (from Petition)

Do the guarantees of equal protection and due process of law, per the Fifth and
Fourteenth Amendment of the United States Constitution; extend to individuals
seeking postconviction relief?

Does it appear that some individuals, seeking Postconviction relief, are being
subjected to arbitrary governmental action by State courts, when it appears, on the
face of the record, that a procedural bar exists preventing them from seeking relief
under 28 U.S.C §2254 as per the Antiterrorism and Effective Death Penalty Act of
1996 (AEDPA)?

Do Circuit and District Court(s), (State level Courts), create a "class of one", in
violation of a petitioner 's due process and equal protection rights, when they depart
from the essential requirements of the law at each stage of the postconviction
proceedings, without explanation or justification?

Question Presented (AI Summary)

Do the guarantees of equal protection and due process of law extend to individuals seeking postconviction relief?

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-07
Waiver of right of respondent Florida to respond filed.
2019-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2019)

Attorneys

Brian Whitaker
Brian Whitaker — Petitioner
Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent