No. 19-8444

Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2020-05-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts
Latest Conference: 2020-09-29
Question Presented (from Petition)

WHETHER THE INTEGRITY OF THE COURT REQUIRES ENFORCEMENT OF RULE 3.171(A) FLA. R. CRIMINAL P. WHERE THE STATE HAS KNOWINGLY AND INTENTIONALLY VIOLATED THE TERMS OF PETITIONER'S PLEA AGREEMENT AFTER PETITIONER HAS SERVED HIS SENTENCE AND CANNOT WITHDRAW FROM THE PLEA.

ARE STATE COURTS EXEMPT FROM FOLLOWING FEDERAL COURT DECISIONS IN CASES SUCH AS GIGLIO?

SHOULDN'T IT BE UNIFORMLY MANDATORY THAT ALL PLEA AGREEMENTS BE IN WRITING ONLY INSTEAD OF ORAL SUCH AS IN THIS CASE AT BAR?

Question Presented (AI Summary)

Whether the integrity of the court requires enforcement of Rule 3.172(a) Fla. R. Criminal P. where the state has knowingly and intentionally violated the terms of petitioner's plea agreement after petitioner has served his sentence and cannot withdraw from the plea agreement because the state did not keep its end of the plea agreement by prosecuting petitioner after petitioner had already completed his end of the plea agreement

Docket Entries

2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-11
Waiver of right of respondent Inch, Sec., FL DOC to respond filed.
2020-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 11, 2020)

Attorneys

Clarence Zacke
Clarence Zacke — Petitioner
Inch, Sec., FL DOC
Wesley Heidt — Respondent