No. 20-6896

Phillip A. Benjamin v. Florida

Lower Court: Florida
Docketed: 2021-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process equal-protection fair-trial fourteenth-amendment jury-selection sixth-amendment witness-testimony
Key Terms:
DueProcess
Latest Conference: 2021-03-05
Question Presented (from Petition)

1. Did the Trial Court err when limiting the testimonies of the defense witness from testifying of vital information, therefore, hindering the Defendant from defending himself thus depriving the Defendant of a fair trial and due process that guaranteed in the Sixth and Fourteenth Amendments to the U.S. Constitution.

2. Did the Trial Court err in allowing an indigent Defendant to be convicted of a non-existent and non-statutory charge in the body of the information depriving the Defendant due process of being aware of the correct charges, a clear violation of his Sixth and Fourteenth Amendment rights of the U.S. Constitution.

3. Did the Trial Court err in allowing the striking of a particular cognizable group of people from the jury depriving the Defendant of an impartial jury of a section of his community violating his due process and equal protection clause of the Fourteenth Amendment to the U.S. Constitution.

Question Presented (AI Summary)

Did the Trial Court err when limiting the testimonies of the defense witness from testifying of vital information, therefore, hindering the Defendant from defending himself thus depriving the Defendant of a fair trial and due process that guaranteed in the Sixth and Fourteenth Amendments to the U.S. Constitution

Docket Entries

2021-03-08
Petition DENIED.
2021-02-18
DISTRIBUTED for Conference of 3/5/2021.
2021-02-11
Waiver of right of respondent Florida to respond filed.
2020-11-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Phillip A. Benjamin
Phillip A. Benjamin — Petitioner