No. 22-5443

Robert L. Davis v. Ashley Moody, Attorney General of Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-08-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: burglary-conviction civil-rights constitutional-law criminal-procedure DNA-database due-process ex-post-facto habeas-corpus retroactive-laws standing statutory-interpretation
Latest Conference: 2023-02-24 (distributed 2 times)
Question Presented (from Petition)

Reason For Question #1
There exist a ConFliat Among United States Circuit Counts
On Whether the Immenent Danger oF 28 U.S.C. 3 1915(g) aPPly
to at the time Suit was
Frled
during any later review
of the case. And the 1lth Circuit Presently changed From Its
Prior holdings of Imminent Danger At The Time Suit was Filed
tf
To Currantly under Imminent Danger at Appellate review.

QUESTION #1
Suit was Filed Relevant During Appellate Review
OF 28 U.S.C. & 1915 (9) ?

Reason For Question #2
Petitioner Gave Full Notice To Res Pondents That He is
Illegally Detained As chopter 943.325 Florida Statute Retroactive
e Statute Viclates Alh U. S. Supreve
Criminal DNA Datab
ncerning The Ex Post Fadtor Laws oF
count Presidence C
The Uuited State
Constitutions which Made Petitioners in
-carceration A Miscarraige of Justice.

QUESTION # 2
Can A Miscarriage OF Justice Case OF Illegal
Incarceration Be Dismissed Under The Thvce
StrickS LaW OF 28 U,S.C. 1915 (9) ?

QUESTION #3
Can A State Retroactively Apply A Combleted Burglary
Conviction To An Amended DNA Database Statute Without
Violating The Ex Post Factor Prohibition?

Question Presented (AI Summary)

Whether the 'imminent danger' of 28 U.S.C. § 1915(g) apply to the time suit was filed or during any later review of the case

Docket Entries

2023-02-27
Rehearing DENIED.
2023-02-08
DISTRIBUTED for Conference of 2/24/2023.
2022-11-10
Petition for Rehearing filed.
2022-10-17
Petition DENIED.
2022-09-29
DISTRIBUTED for Conference of 10/14/2022.
2022-09-23
Waiver of right of respondent Ashley Moody, et al. to respond filed.
2022-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2022)

Attorneys

Ashley Moody, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Robert Davis
Robert L. Davis — Petitioner