No. 20-5508

David P. Moran v. Florida

Lower Court: Florida
Docketed: 2020-08-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment appellate-review constitutional-challenge due-process fourteenth-amendment motion-preservation preservation-of-issues statutory-interpretation trial-procedure
Latest Conference: 2020-10-09
Question Presented (from Petition)

1. Is Fla. Stat. 924.05l(l)(b) unconstitutional on it's face due to it's conflict with the due process clause of the U.S. Const. 14th Amend.?

2. Should a motion not being ruled on by the trial judge be automatically preserved for appellate review with or without an objection being offered?

3. Should a motion not being ruled on by the trial judge be automatically preserved for appellate review when the issue the motion's contents of is material to trial?

Question Presented (AI Summary)

Is Fla. Stat. 924.051(1)(b) unconstitutional due to conflict with the due process clause of the 14th Amendment?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-18
Waiver of right of respondent Florida to respond filed.
2020-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2020)

Attorneys

David P. Moran
David P. Moran — Petitioner
Florida
Wesley Heidt — Respondent