No. 21-5114

Mario Daniels v. Florida

Lower Court: Florida
Docketed: 2021-07-16
Status: Denied
Type: IFP
IFP
Tags: aggravated-assault criminal-conviction criminal-procedure due-process jury-determination separation-of-powers sixth-amendment statutory-interpretation substantive-rights
Latest Conference: 2021-09-27
Question Presented (from Petition)

Whether the First District Court of Appeals unauthorized abrogation of an Essential Element of the statutory offense of Aggravated Assault deprived Daniels of his Substantive Rights, and to have his criminal conviction rest upon a jury's determination that he is guilty beyond a reasonable doubt of the offense as statutorily defined by the Florida Legislature?

Whether the "egregiously invalid" legal reasoning espoused by the Florida First District Court of Appeals as a rational for denying Daniels' appeal demonstrates a willful violation of the "separation of powers doctrine," which effectively denied Daniels his Sixth Amendment Right to be informed of the nature and cause of the accusation brought against him by the government?

Question Presented (AI Summary)

Whether the First District Court of Appeals unauthorized abrogation of an Essential Element of the statutory offense of Aggravated Assault deprived Daniels of his Substantive Rights, and to have his criminal conviction rest upon a jury's determination that he is guilty beyond a reasonable doubt of the offense as statutorily defined by the Florida Legislature?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-06-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 16, 2021)

Attorneys

Mario Daniels
Mario Daniels — Petitioner