No. 20-1543

Adam P. McNiece v. Town of Yankeetown, Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-05-05
Status: Denied
Type: Paid
Response Waived
Tags: bill-of-attainder constitutional-rights criminal-procedure due-process fair-trial first-amendment municipal-law notice redress-of-grievances self-representation statutory-reference
Key Terms:
DueProcess FirstAmendment Securities
Latest Conference: 2021-06-24
Question Presented (from Petition)

1. Can a violation of law or code be charged and
tried without any statutory reference of code
chapter and section indicated?

2. Will a trial be fair without proper notification
as a function of due process?

3. Can a citizen sue the federal government under
a First Amendment right to petition, for a
redress of grievances?

4. Would this Petition for Redress be an
expression of free speech, thereby not limited
to two pages for self advocates, while unlimited
for lawyers, as is the case in the local rules of
the Northern District Court of Florida, in the
interest of impartiality?

5. Would due process include appeals up to and
including the Supreme Court of these United
States?

6. Does the Federal District local rule abridge my
right to petition?

7. Can a Judge rule sua sponte in error, while
striking from the record the preponderance of
evidence to affect the appeal record?

8. Can the Florida Appeals Court decide it's own
appeal simply by not writing an opinion?

9. Does Supreme Court rule 28.8 contradict 28
USC 1654 which allows for self representation
in all United States courts including oral
argument?

10. Does Supreme Court rule 28.8 deny free speech
and make this appeal available to only the
elite; thus gagging the common man 's voice?

11. Does the Town of Yankeetown 's ordinance YT
2-65c, Order Imposing Fine or Lien, violate the
Eight Amendment for excessive fines and
unusual punishment?

12. Can a punishing authority control the
permitting (redemption) authority without
allowing for all proper appeals.

13. Does all real and personal property, now and
future, that are attached for an unnamed
violation, constitute a Bill of Attainder on all
un-adjudicated property under article 1 section
9?

14. While I had a permit to repair the structure
and quit when told to stop work, would an
additional after the fact permit be considered
ex post facto, article 1 section 9?

15. Does the Florida Constitution prohibit
unrestricted municipal court formation (see
article 5, section 1 of the Florida Constitution)?

Question Presented (AI Summary)

Can a violation of law or code be charged and tried without any statutory reference of code chapter and section indicated?

Docket Entries

2021-06-28
Petition DENIED.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-05-19
Waiver of right of respondent Levy County, Florida to respond filed.
2021-05-19
Waiver of right of respondent Town of Yankeetown, Florida to respond filed.
2021-05-03
Petition for a writ of certiorari filed. (Response due June 4, 2021)

Attorneys

Adam P. McNiece
Adam P. McNiece — Petitioner
Levy County, Florida
Kerry Anne ParsonsNabors Giblin and Nickerson PA, Respondent
Town of Yankeetown, Florida
Jay DaigneaultTrask Daigneault, LLP, Respondent