No. 23-5349

Elbert Johnson v. Florida

Lower Court: Florida
Docketed: 2023-08-14
Status: Denied
Type: IFP
IFP
Tags: conflict-of-interest due-process illegal-sentence judicial-bias judicial-conflict legal-error manifest-injustice sentencing trial-court witness-testimony
Latest Conference: 2023-10-13
Question Presented (from Petition)

When a circuit court judge is called upon, to be a witness against a defendant in a case, and then later on, sentence the defendant in the same case right afterwards. Does this create a conflict with the defendant and the judgment entered?

After sentencing, does trial court commit reversible error when it sentences a defendant to an illegal sentence and is clearly shown. Does the court create a manifest injustice and a violation of due process when it refuses to correct an illegal sentence?

Question Presented (AI Summary)

Whether a circuit court judge's dual role as a witness and sentencer in the same case creates a conflict and reversible error when the judge imposes an illegal sentence that violates due process

Docket Entries

2023-10-16
Petition DENIED.
2023-09-28
DISTRIBUTED for Conference of 10/13/2023.
2023-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2023)

Attorneys

Elbert Johnson
Elbert Johnson — Petitioner