No. 23-5480

Jesus C. More v. Florida

Lower Court: Florida
Docketed: 2023-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure competency-hearing due-process jurisdiction jurisdictional-bar procedural-rules remedies separation-of-powers subject-matter-jurisdiction
Key Terms:
AdministrativeLaw DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2023-11-03
Question Presented (from Petition)

1.) IN LIGHT OF ALEXANDER HAMILTON 'S ASSERTED SEPARATION OF
POWERS PRINCIPLES IN "THE FEDERALIST PAPES " NO. 78 AND 81, IS TRIAL
PROCEDURAL JURISDICTION AN INSEPERABLE ASPECT OF SUBJECT
MATTER JURISDICTION WHEREAS LEGISLATIVELY ENACTED
PROCEDURAL RULES OF COURT MUST BE STRICTLY ADHERED TO IN
ORDER FOR A COURT TO OBTAIN JURISDICTION TO DECIDE A CASE?

2.) IS A LEGISLATIVELY MANDATED COMPETENCY HEARING DEPRIVATION
THE TYPE OF PROCEDURAL RULE DEPRIVATION THAT DIVESTS THE
COURT OF JURISDICTION TO ACCEPT A PLEA AND/OR ADJUDICATE A
CASE?

3.) CAN APPELLATE "PROCEDURAL RULE BARS " BE USED TO AVOID
ADDRESSING "PROCEDURAL RULE " DEPRIVATION CLAIMS THAT
QUESTION THE TRIAL COURTS JURISDICTION TO ADJUDICATE THE CASE
TO BEGIN WITH?

4.) IS AN ORDER SENDING THE CASE BACK TO THE TRIAL COURT TO
FOLLOW THE PROPER PROCEDURE THE ONLY REMEDY FOR A
COMPETENCY HEARING PROCEDURE DEPRIVATION?

Question Presented (AI Summary)

Question not identified

Docket Entries

2023-11-06
Petition DENIED.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-16
Waiver of right of respondent Florida to respond filed.
2023-08-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2023)

Attorneys

Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Jesus C. More
Jesus More — Petitioner