John Everette Murray, III v. Florida
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?
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?