No. 18-7822

Meryl S. McDonald v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2019-02-08
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment criminal-procedure criminal-procedure-jurisdiction due-process habeas-corpus jurisdiction jurisdictional-fact postconviction-counsel pro-se-filing standing voir-dire
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the voir dire examination oath provision of Rules 3.191 and 3.300(a) of the Florida Rules of Criminal Procedure is a jurisdictional fact

Question Presented (from Petition)

QUESTION(S) PRESENTED I. Whether the voir dire examination oath provision of Rules 3.191 and 3.300(a) of the Florida Rules of Criminal Procedure is a jurisdictional fact, as such is defined by the U.S. Supreme Court in Noble v. Union River Logging and Railroad Co., 13 S.Ct. 271, 147 U.S. 165 (1893), the existence of which is necessary to the validity of a Florida criminal jury trial proceeding, and without which the action of the court fails for want of jurisdiction over the person or subject-matter, constituting a denial of a defendant’s due process right guaranteed by the 14th Amendment to the U.S. Constitution. I. Whether Petitioner’s habeas challenge to the jurisdictional validity of the trial court’s act of issuing its order appointing postconviction counsel as legal representative in Petitioner’s case, an act Petitioner challenges as a proceeding jurisdictionally wanting, serve as sufficient basis for pro se filing of his habeas petition; and, if so, whether the Florida Supreme Court’s dismissal of Petitioner’s habeas petition violate Petitioner’s 14" Amendment right to due process.

Docket Entries

2019-04-15
Petition DENIED.
2019-03-25
Reply of petitioner Meryl S. McDonald filed. (Distributed)
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-07
Brief of respondent Inch, Sec., FL DOC in opposition filed.
2019-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)

Attorneys

Jones, Sec., FL DOC
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Meryl S. McDonald
Meryl S. McDonald — Petitioner
Meryl S. McDonald — Petitioner