No. 21-5052

Walter Drummond v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2021-07-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: capital-punishment civil-procedure constitutional-rights due-process florida-constitution habeas-corpus post-conviction-relief procedural-due-process standing us-constitution writ-of-corpus
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. How Can a legitimate Writ of Habeas Corpus be denied outside the guidelines of the Florida Constitution; Article I, Section 13, Habeas Corpus, U.S. Constitution, Section 9, Clause 2, and Fed. U.S. Law? Whereas, in all, it stipulates that Habeas Corpus is "a matter of right" and "never be suspended unless in cases to which this cause does not pertain"?

2. In the Supreme Court of Florida's engagement in this cause, it used an unspecified case "Baker v. State 878 So.2d 1236 (Fla. July 5, 2004), that basically stereotypes and talks in partisanship in reference to "Petitioner inmates (Baker v. State, 878 So.2d 1236; 1236) who used writs of habeas corpus to collaterally attack non-capital convictions" (Baker © "Procedural Posture") and, where said the petitions were unauthorized because the proper vehicle for the relief sought was through motions for post conviction relief. Note: there hasn't been an update nor amendment to Law, as this "Baker v. State" is just a case decision that needs to be re-reviewed, but, in this Petitioner's Cause, which is, Accordingly, submitted to strict existing law: F.S. Section 74.01 Application and Writ, Lo. in char support with Article I, Declaration of Rights, Section 13-Habeas Corpus, the Petitioner/Applicant is the word used in the foundations Law when referring to all the Petitioners regardless of their nature or Whereabouts, "vehicle" (Baker ©1236) in which his Petitions [Applicant] rowed Unlawful detainment through Record - State of Florida v. Drummond, *01004343eFl0a, Trial Transcript Page 370, lines 23-25* - Affidavit Evidence in which, could only be effectively sought through F.S. Section 74.01, F.S.A. The Writ of Habeas Corpus, which was recited in this Writ to the Supreme Court of Florida, how does Baker v. State even relate to this Petitions cause?

Question Presented (AI Summary)

How Can a legitimate Writ of Habeas Corpus be denied outside the guidelines of the Florida Constitution

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-08-04
Waiver of right of respondent Inch, Sec., FL DOC to respond filed.
2021-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2021)

Attorneys

Inch, Sec., FL DOC
Celia A. Terenzio — Respondent
Walter Drummond
Walter Drummond — Petitioner