No. 22-7265

Allen Franks v. Florida

Lower Court: Florida
Docketed: 2023-04-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 3.850-motion civil-procedure due-process government-fraud ineffective-counsel mental-capacity mental-disability plea-bargaining plea-process post-conviction-relief standing
Latest Conference: 2023-05-11
Question Presented (from Petition)

WHETHER PETITIONER WAS DENIED DUE PROCESS WHEN TRIAL COURT FAILED TO ALLOW THE PETITIONER AN OPPORTUNITY TO FILE A REPLY TO STATE'S RESPONSE ON PETITIONER'S 3.850 MOTION?

WHETHER IT IS PERMITTED FOR A GOVERNMENT OFFICIAL TO USE DECEIT AND FRAUD TO ILLEGALLY OBTAIN INFORMATION FROM A MENTALLY RETARDED PETITIONER DURING A PLEA PROCESS TO OBTAIN A CONVICTION WHICH IN VIOLATION OF THE PETITIONER'S DUE PROCESS RIGHT?

INFORMATION?

WARD DEPARTURE?

WHETHER COUNSEL WAS INEFFECTIVE FOR FAILING TO PROPERLY ADVISE THE PETITIONER OF TRIAL DEFENSE?

Question Presented (AI Summary)

Whether petitioner was denied due process when trial court failed to allow the petitioner an opportunity to file a reply to state's response on petitioner's 3.850 motion?

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-20
Waiver of right of respondent Florida to respond filed.
2023-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2023)

Attorneys

Allen Franks
Allen Franks — Petitioner
Florida
Celia A. Terenzio — Respondent