No. 18-5991

Johnny Ray Bennett v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-09-14
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-scrutiny double-jeopardy due-process ex-post-facto habeas-corpus jurisdiction subject-matter-jurisdiction unlawful-detention
Key Terms:
SocialSecurity HabeasCorpus Securities
Latest Conference: 2018-11-09
Question Presented (AI Summary)

Whether the 2002 enactments violate the ex-post-facto-clauses,whether the trier-of-fact lost-subject-matter-jurisdiction,whether ex-post-facto-violations are grounds-for-unlawful-detention,whether an indigent-prisoner's-civil-rights-suit should continue-in-habeas-proceedings,whether a prisoner can be jeopardized-by-state-and-federal-law

Question Presented (OCR Extract)

QUESTIONS PRESENTED WOULD THE 2002 ENACTMENTS VIOLATE THE EX POST FACTO CLAUSES OF THE STATE AND FEDERAL CONSTITUTION, IF ITS RETROACTIVITY DID NOT CURE THE DEFECTS OF CHAPTER 99-188 LAWS OF FLORIDA? COULD THE TRIER OF FACT LOSE SUBJECT MATTER JURISDICTION TO THE SENTENCING STATUTES THAT THE PETITIONER INVOLUNTARILY PLEAD TO WERE UNDER CONSTITUTIONAL SCRUTINY, COULD HE THEN CLAIM UNLAWFUL DETENTION? WOULD A PARTICULAR EX POST FACTO VIOLATIONS BE GROUNDS FOR A PRISONER TO CLAIM THAT HE IS BEING HELD IN VIOLATION OF BOTH STATE AND FEDERAL LAW? SHOULD AN INDIGENT PRISONER’S CIVIL RIGHTS SUIT THAT IS MISLABELED CONTINUE IN HABEAS PROCEEDINGS WHILE CONTINUING TO CLAIM UNLAWEUL CUSTODY? | COULD A PRISONER BE JEOPARDIZED SIMULTANEOUSLY BY STATE AND FEDERAL LAW, AND IF SO, SHOULD IT BE CALLED DOUBLE EX POST FACTO?

Docket Entries

2018-11-13
Petition DENIED.
2018-10-25
DISTRIBUTED for Conference of 11/9/2018.
2018-05-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)

Attorneys

Johnny Ray Bennett
Johnny Ray Bennett — Petitioner
Johnny Ray Bennett — Petitioner