John Smith v. Florida Department of Corrections
DueProcess HabeasCorpus
Does treating a dismissed appeal of a mentally incompetent prisoner's case, who in good faith, untimely filed a motion to proceed in forma pauperis, constitute a denied right under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, United States Constitution if appeal is not reinstated once the deficiency is corrected?
QUESTION PRESENTED Petitioner, John Smith tenders this question, which should be agreed upon to hear and decide: Does treating a dismissed appeal of a mentally incompetent prisoner’s case, who in good faith, untimely filed a motion to proceed in forma pauperis, constitute a denied right under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, United States : Constitution if appeal is not reinstated once the deficiency is corrected. 1