No. 21-176

David J. Tatara v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-08-06
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: criminal-procedure double-jeopardy due-process felony-murder habeas-corpus judgment-of-acquittal mens-rea superseding-information
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. Does a conviction of a crime submitted to the jury through a
superseding information filed after jeopardy attached and after the court granted
judgment of acquittal on the original charged offenses violate the prohibition
against Double Jeopardy?

2. Does the submission to the jury of a previously-uncharged crime
containing a new element after the close of evidence violate a defendant's right to
due process?

Question Presented (AI Summary)

Does a conviction of a crime submitted to the jury through a superseding information filed after jeopardy attached and after the court granted judgment of acquittal on the original charged offenses violate the prohibition against Double Jeopardy?

Docket Entries

2021-10-04
Petition DENIED.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-09-07
Waiver of right of respondent Secretary, Department of Corrections, Attorney General, State of Florida to respond filed.
2021-08-04
Petition for a writ of certiorari filed. (Response due September 7, 2021)

Attorneys

David J. Tatara
Andrew Brooks GreenleeAndrew B. Greenlee, P.A., Petitioner
Secretary, Department of Corrections, Attorney General, State of Florida
Kellie A. Nielan — Respondent