No. 24-6871

Diego J. Jimenez v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2025-03-27
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation double-jeopardy due-process judicial-bias jury-instructions structural-error
Latest Conference: 2025-05-29
Question Presented (from Petition)

Whether a bias and partial Judge that was recused (removed) before trial and any way presiding over a criminal defendant 's trial "created a Structural Error " when is actually bias. This Judge was recused "three times " off of this case during the proceeding, also this Judge ignored her own recusal and intentionally kept herself on the Petitioner' s case and review and rulings in "aN" Motions in a post conviction proceeding. (See First Legal Analysis) and;

Whether a "fraud in the Court " that created an unconstitutional, a constitutional deficient jury instructions that omitted ("because was intentionally erased ") the essential element and also removed the total mens rea from the offense produced a fundamental injustice and error that can overcomes the procedural bar to prevent a manifest injustice and a denial of due process, and (see Second Legal Analysis):

Whether an accusation alleged that a police hand held radio was used by the Petitioner as a deadly weapon had to be found by a jury beyond a reasonable doubt in the jury instruction and should reflect on an special verdict form before trial Court may enhance Petitioner 's sentence and (see Third Legal Analysis).

Whether multiple enhancement (three times) for the same offense are permitted without violating the double jeopardy prohibition of the United States Constitution.

Question Presented (AI Summary)

Whether a bias and partial Judge that was recused before trial created a Structural Error when presiding over a criminal defendant's case, whether fraud in the Court produced a fundamental injustice by omitting essential jury instructions, whether an accusation of using a hand-held radio as a deadly weapon requires jury determination, and whether multiple enhancements for the same offense violate double jeopardy

Docket Entries

2025-06-02
Petition DENIED.
2025-05-14
DISTRIBUTED for Conference of 5/29/2025.
2025-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 28, 2025)

Attorneys

Diego J. Jimenez
Diego J. Jimenez — Petitioner