No. 21-5968

Timothy Stemen v. Florida

Lower Court: Florida
Docketed: 2021-10-14
Status: Denied
Type: IFP
IFP
Tags: 4th-amendment civil-rights due-process evidence fifth-amendment fourth-amendment ineffective-counsel police-misconduct search-and-seizure self-incrimination
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2022-01-07
Question Presented (from Petition)

Did law enforcement violate the petitioners due process rights under the 14th Amendment regarding the recordings.

Did law enforcement violate the petitioner's 4th Amendment under illegal search and seizure regarding the cell phone.

Did the Circuit court err in its decision to not address the petitioners' rights under the 4th, 5th and 14th amendments of the Constitution that were denied him in his timely filed Post Conviction Relief.

Did the Circuit court err by not addressing how the prosecution purposely misled the court in their answer to the show cause order as to where the petitioner was questioned.

Did the defense counsel commit an error by refusing to review the only supposed evidence submitted by the state. See email to the prosecution dated 03/05/2017.

Did the Circuit court err in not recognizing the prosecutions indirect answers the questions in the show cause but opted instead to make it Mr. Stemens responsibility to provide and describe their own evidence.

Did the Circuit Court err by not addressing the impossibility of the materialization of evidence in an email that had already been forensically searched by law enforcement.

Did defense counsel violate Title V, Chapter 28 section 28.213 of the Florida Statute in withholding exculpatory evidence and the petitioners right to due process.

Did the prosecution violate Title V, Chapter 28 section 28.213 of the Florida Statute in withholding evidence contradictory to their case.

Did the Second District Court of Appeal err in refusing to review Mr. Stemens motion and denying the petitioner a right to have his case reviewed by the Supreme Court of Florida. See Justice Merrick Garland in Schnitzler v. United States (gyp. 63) App. 63. "Giv

Question Presented (AI Summary)

Did law enforcement violate the petitioner's due process rights under the 14th Amendment regarding the recordings

Docket Entries

2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)

Attorneys

Timothy Stemen
Timothy Stemen — Petitioner