No. 19-8279

Jeffrey LaGasse v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2020-04-16
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: amendment-violation certificate-of-appealability civil-rights constitutional-rights due-process equal-protection ex-post-facto plea-bargaining police-misconduct severance
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-10-16 (distributed 2 times)
Question Presented (from Petition)

Did the 11th Circuit Court of Appeals by-pass the petitioner's 5th, 6th and 14th Amendment rights by denying his petition for Certificate of Appealability, considering the following:

A) The police admitted that (out of "9000" cases) this case, was the "only" case, where-in they (the police) knowingly and willingly falsified the documents in an effort to fulfill some personal agenda. They (the police) encourage us to "Report Suspicious Activity"—should their enthusiasm wane when the spotlight lands on them? Fundamental Fairness should be the Courts ultimate focus. See Lockhart v FretwelT 506 U.S. at 369, 113 S.Ct. 838,122 L.Ed. 2d 180 (1993).

B) When separate cases are "not" severed into separate trials — the contaminating effects of spillover (despite the above tampering factor) will still always result in confusion, chaos and disarray. (See Ground Two). Fairness takes precedence over efficiency, convenience and judicial economy see Dodge v State . 204 So. 2d 490 (4th Dist. 2016) and Lockhart v Fretwell (supra).

C) Failure to honor a plea agreement (just because the law has since changed) is a breach of contract knowing that, "any law of which inflicts a greater punishment then the law at the time of the crime — is a violation of the Ex post factos provision." See Akins v Snow 922 F. 2d 1558 (11th Circuit 1991).

Question Presented (AI Summary)

Did the 11th Circuit Court of Appeals by-pass the petitioner's 5th, 6th and 14th Amendment rights by denying his petition for Certificate of Appealability?

Docket Entries

2020-10-19
Rehearing DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-06-10
Petition for Rehearing filed.
2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2020-05-01
Waiver of right of respondent Inch, Sec., FL DOC to respond filed.
2020-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2020)

Attorneys

Jeffrey LeGasse
Jeffrey LaGasse — Petitioner
Mark Inch
Celia A. Terenzio — Respondent