No. 19-8119

Walter E. Williams v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2020-03-27
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-challenge constitutional-law criminal-conviction criminal-procedure double-jeopardy due-process essential-element felony-murder judicial-review jury-instruction standing
Key Terms:
FifthAmendment
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (from Petition)

can a trial court acquit and convict for same crime without violating the prohibitions of the fiFTH Amendment involving double jeopardy in this case?

Con t jury's verdict that is true legally inconsistent be where an essential element for the crime is absent upheld in the verdict to lowfully convict for that crime?

Can there be a felony-murder conviction when there is no underlying-felony to support a conviction in accord with proper due process of law?

Can the Petitioner's detention herein be legally justified when the crime which is the couse of said detention he granted o judgment of acquittal in this coase? was

Question Presented (AI Summary)

Whether the conviction for a crime without proof of an essential element of that crime violates the Due Process Clause of the Fourteenth Amendment

Docket Entries

2020-10-05
Rehearing DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-06-18
Petition for Rehearing filed.
2020-06-01
Petition DENIED.
2020-05-13
DISTRIBUTED for Conference of 5/28/2020.
2020-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2020)

Attorneys

Walter E. Williams
Walter E. Williams — Petitioner