No. 20-8078

Calvin Lamont Mack v. Florida

Lower Court: Florida
Docketed: 2021-05-20
Status: Denied
Type: IFP
IFP
Tags: blockburger-test constitutional-interpretation double-jeopardy enhanced-compound-felony federal-question judicial-discretion legal-precedent legislative-intent same-element-offenses state-court-review supreme-court-discretion
Key Terms:
FifthAmendment
Latest Conference: 2021-09-27
Question Presented (from Petition)

WHETHER THE STATE AND FEDERAL CONSTITUTIONS, WAS,.
1.
VIOLATED UNDER THE DOUBLE -JEOPARDY CLAUSES AS
A RE SULT OF THE SENTENCE PURSOANT TO ARTICLE I SECTION
9-OF THE FLORIDA CONSTITUTION AND FIFTH AMENDMENT OF

THE UNITED STATES CONSTITUTION?
. WHETHER BLOCKBURGER TEST IS APPLILABLE TO SAME
ELEMENT OFFENSES WHERE RECORD DEMONSTRATES THE
ELEMENTS WAS DETERMINED AND PUNISHED TWICE ON
BOTH COUNTS FORETHE SAME CRIMINAL ACT?
oh.*
II . WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION IN
DECIDING A FEDERAL QUESTION IN A WAY THAT DIRECTLY
AND EXPRESSLY CANFLICTS WITH PRECEDENTS OF THE
SUPREME COURT OF THE UNITED STATES AND OTHER APPELLATE
COORTS?
3 T EE
PUNISHIMENTS FOR THE SAME OFFENSE BY ENACTING SECTION
775.021(4)(B)?
I. WHETHER RELIANCE ON A PURE BLOCKBURGER" SAME- ELEMENTS"
ANALYSIS 'COULD
DETERMINE WHETHER A DOUBLE JEOPARDY
VIOLATION OCCURRED
WHERE. THE: CONVICTION/ SENTENCE
OF AN ENHANCED COMPOUND FELONY AND ENHANCED FELONY WHEN
BOTH INCORPORATE THE SAME CORE OFFENSE, ASSAULT ?
VI. WOHETHER A GENERAL VERDICT OF GUTLTY UNDER CIRCUMSTANCES
IS REVERSTBLE ?

Question Presented (AI Summary)

Whether the state and federal constitutions were violated under the Double Jeopardy Clauses

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-04-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2021)

Attorneys

Calvin Mack
Calvin Lamont Mack — Petitioner