No. 21-5253

John David Wilson, Jr. v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-07-29
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process equal-protection fair-trial habeas-corpus ineffective-assistance post-conviction-relief sentencing statutory-interpretation
Latest Conference: 2021-09-27
Question Presented (from Petition)

I ENTER THIS COURT WITH "CLEAN HAND" AS A HONORABLY DISCHARGED QUALIFIED SUBMARINER, WHO POSSESSED A QUALIFIED SUBMARINE INSIGNIA. (THIS MILITARY AWARD REPRESENTS "NO DOOR SHALL BE CLOSED TO HIM" DUE TO NO OTHER MILITARY AWARD WILL BE ABOVE THIS AWARD EXCEPT THE CONGRESSIONAL MEDAL OF HONOR: ACCUSE SEE, "DD214" EXHIBIT(EX)*)

LISTEN TO MY GRIEVANCE DUE TO THIS AWARD INFORMATION IN CASE NO: 00-12480 ATTEMPTED FIRST DEGREE MURDER, AND OVER MY TRIAL COURT OBJECTIONS AND REQUEST FOR A CONTINUANCE, THE TRIAL COURT ABUSED IT'S DISCRETION BY FORCING ME TO PROCEED TO A SUBSTANTIALLY AMENDED CHARGE ON NOA IN MANDATING MINIMUMS, INCREASED SENTENCING MAXIMUM, NEW LEGISLATIVE STATUTORY LAW OF 10-20-LIFE, AND ADDITIONAL CHARGING CHARGES OF AGGRAVATED BATTERY. THIS IS A VIOLATION OF DUE PROCESS OF IT'S BASIC SOLTS STANDARDS.

IN CASE NO: 9-1848- AGGRAVATED STALKING I ALSO REQUESTED A SPEEDY TRIAL: THE STATE REQUESTED A EMERGENCY MOTION FOR CONTINUANCE 2 DAYS PRIOR TO TRIAL DUE TO THE DEATH OF HER FATHER. NEWLY DISCOVERED EVIDENCE DISCOVERED AFTER THE EXPIRATION OF THIS SENTENCE, THAT THE STATE REQUESTED THIS UNDER FRAUDULENT CIRCUMSTANCES. DUE TO THE DENIAL OF SPEEDY TRIAL I WAS FORCED TO ACCEPT THE STATE PLEA THAT WAS OFFERED 5 MONTHS PRIOR.

Question Presented (AI Summary)

Whether the petitioner's due process rights were violated by the imposition of an enhanced sentence under Florida's 10-20-life statute

Docket Entries

2021-10-04
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2021-08-19
DISTRIBUTED for Conference of 9/27/2021.
2021-08-16
Waiver of right of respondent Inch, Sec., FL DOC, et al. to respond filed.
2021-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2021)

Attorneys

Inch, Sec., FL DOC, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
John David Wilson
John David Wilson Jr. — Petitioner