No. 22-1059

Jorge Marc Gonzalez-Betancourt v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-05-03
Status: Denied
Type: Paid
Response Waived
Tags: civil-forfeiture collateral-estoppel controlled-substances double-jeopardy exhaustion fifth-amendment ruan-v-united-states state-prosecution
Latest Conference: 2023-05-25
Question Presented (from Petition)

After losing their civil forfeiture appeal, the City of Tampa turned over the exact same evidence to the State of Florida in a successful attempt to circumvent Petitioner's Fifth Amendment right against double jeopardy since the same facts were already decided by a trier of fact on a lower threshold. The jury was instructed against this Court's ruling in Xiulu Ruan v. United States, 597 U.S. __ (2022).

Petitioner was allowed to join in on codefendant's arguments and objections during trial and state court appeals but was denied joining in the appellate briefs federal claims including collateral estoppel. Further, Petitioner's requests for certificates of appealability have all been denied.

The questions presented to this country's highest court are:

1. Is Florida violating federal rights of its prisoners by preventing a defendant from arguing collateral estoppel, claiming exhaustion?

2. Does this court's recent decision in Ruan extend to a principal who hired a physician alleged to have prescribed controlled substances outside the usual course of professional practice?

3. Does this court's recent decision in Ruan extend to Florida's state law equivalent to Section 841?

Question Presented (AI Summary)

Is Florida violating federal rights of its prisoners by preventing a defendant from arguing collateral-estoppel, claiming-exhaustion?

Docket Entries

2023-05-30
Petition DENIED.
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-05-05
Waiver of right of respondent Rickey Dixon, Secretary, Florida Department of Corrections, et al. to respond filed.
2022-12-20

Attorneys

Jorge Marc Gonzalez-Betancourt
Jorge Marc Gonzalez-Betancourt — Petitioner
Rickey Dixon, Secretary, Florida Department of Corrections, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent