No. 21-5513

Christopher Seckington v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-08-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: chapman-v-united-states constitutional-law cruel-and-unusual-punishment drug-trafficking eighth-amendment ineffective-assistance sentencing sentencing-guidelines sixth-amendment urine-testing
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (from Petition)

Question 1:
What must a Defendant show in order to demonstrate an Eighth Amendment violation where
Petitioner was sentenced to in essence life for possession of over one tablespoon of urine, an unusable
liquid, that tested positive for a trace amount of amphetamine.

Question 2:
Is it contrary to or involve an unreasonable application of clearly established Federal law, as
determined by the Supreme Court of the United States for Florida Law, Wilder v. State . 194 So.3d 1050
(Fla. 1st DC A 2016) which held that the weight of ANY unusable/unmarketable mixture or substancW,
such as "urine " CAN be used to convict a defendant for the "King Pin" crime of trafficking L'ih
amphetamine, and over rule Federal Law, Chapman v. United States, 111 S. Ct. 1919, 1924 (1991) a
U.S. Supreme Court case which held "Congress adopted a market-oriented approach to punishing drug
trafficking under which the total quantity of what is DISTRIBUTED... is used to determine the length
of the sentence " when unusable mixtures arfe never DISTRIBUTED?

Question 3:
What must a defendant show in order to demonstrate a Sixth Amendment violation wher'4
Defense Counsel files a Motion to Withdraw due to "Ethical Conflict " which claims "the Attorney)'
Client Relationship is Irrevocably Broken " 61 days before trial, then the trial judge grants the motiofeHo
withdraw and the same trial judge then reappoints the same defense counsel 19 hours before trial absent
a knowing and intelligent waiver of the defendant's right to conflict-free counsel when defendant
verbally objected twice to the reappointment, he was told to "shut up or you will be going to trial
tomorrow with no counsel. "

Question Presented (AI Summary)

Question not identified

Docket Entries

2022-01-10
Rehearing DENIED.
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-11-26
Petition for Rehearing filed.
2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-09-29
Waiver of right of respondent Secretary, Florida Department of Corrections, et al. to respond filed.
2021-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2021)

Attorneys

Christopher Seckington
Christopher M. Seckington — Petitioner
Secretary, Florida Department of Corrections, et al.
Pamela J. KollerOffice of the Attorney General, Respondent