No. 22-5267

John Everette Murray, III v. Florida

Lower Court: Florida
Docketed: 2022-08-03
Status: Denied
Type: IFP
IFP
Tags: abuse-of-discretion amendment constitutional-rights criminal-procedure due-process judicial-discretion post-conviction-relief remand rule-3.850 state-courts
Latest Conference: 2022-10-07
Question Presented (from Petition)

1. Will the United States Supreme Court allow the State courts to abuse their discretion by denying a rule 3.850 motion determined to be facially deficient, without give the defendant at least one opportunity to amend the deficiency?

2. Where State rules of criminal procedure permit in good faith, the correction of a deficiency in a proceeding filed with the courts, and the defendant is denied at least one opportunity to correct the deficiency... In accordance with the Federal Constitution, would the United States Supreme Court allow a potentially cognizable claim to go without being addressed because of an abuse of discretion?

3. Can the United States Supreme Court remand a case back to the district court for an order to be issued compelling the circuit court to allow the defendant an opportunity to amend a facially deficient rule 3.850 motion that was denied for being facially deficient?

Question Presented (AI Summary)

Will the United States Supreme Court allow the State courts to abuse their discretion by denying a rule 3.850 motion determined to be facially deficient, without give the defendant at least one opportunity to amend the deficiency?

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-04-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2022)

Attorneys

John Murray
John E. Murray III — Petitioner