No. 21-7489

Raul Roy Vasquez v. Florida

Lower Court: Florida
Docketed: 2022-03-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure district-court-appeal double-jeopardy due-process jurisdiction jurisdictional-conflict privileges-immunities procedural-law state-court-conflict two-year-limitation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-05-19
Question Presented (from Petition)

1. Is the Refusal of the Supreme Court of the State of Florida, Decunskeo to Address the Certified Conflict Between Petitioner's Second District Court of Appeal of Florida and Two of Her Sister District Courts of Appeal - the Third and Fifth; That Trial Courts Lack of Jurisdiction is Writ of Certiorari to Overcome Florida Rule of Civil Procedure Rule 3.550(b) Two-Year Limitation to File a 3.550 Motion Violate Petitioner's United States Constitution of America Amendments 5th and 14th Amendment's Procedural and Substantial Rights, the Right Not to Succeed Twice for the Same Offense, Nor Deprived of Life, Liberty or Property Without Due Process of Law; and No State Shall Make or Enforce any Law Which Shall Abridge the Privileges or Immunities of Citizens of the United States.

2. If Petitioner is Not Charged to Lessen Session Two-Year Limitation Itself by Asking - Why Not Allow the Lack of Trial Court Jurisdiction as Described by the Highest Court of Florida to be Adduced as "an Exception" to Overcome the Two-Year Limitation to File a Motion for Nunc Pro Tunc.

Question Presented (AI Summary)

Whether the refusal of the Supreme Court of the State of Florida to address the certified conflict between the petitioner's Second District Court of Appeal of Florida and two of its sister District Courts of Appeal, the Third and Fifth, that the trial court's lack of jurisdiction is not an exception to overcome Florida Rule of Criminal Procedure Rule 3.850(b) two-year limitation to file a 3.850 motion, violates the petitioner's United States Constitution of America Amendments 5 and 14 Amendments, procedural and substantial rights, the right not to be tried twice for the same offense, nor be deprived of life, liberty or property without due process of law, and no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

Docket Entries

2022-05-23
Petition DENIED.
2022-05-04
DISTRIBUTED for Conference of 5/19/2022.
2022-04-29
Waiver of right of respondent Florida to respond filed.
2022-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2022)

Attorneys

Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Raul Roy Vasquez
Raul Roy Vasquez — Petitioner