No. 18-8082

Elton Lee Baker, Sr. v. Florida

Lower Court: Florida
Docketed: 2019-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attempt charging-information criminal-attempt criminal-conviction criminal-procedure due-process mens-rea strict-liability
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-04-26
Question Presented (AI Summary)

Can a citizen be convicted of an uncharged crime of attempt of the primary charges in the charging information without the attempt statute being included in the charging information?

Question Presented (from Petition)

QUESTIONS PRESENTED ; 1. CAN A CITIZEN BE CONVICTED OF AN UNCHARGED CRIME OF ATTEMPT OF THE PRIMARY CHARGES IN THE CHARGING INFORMATION WITHOUT THE ATTEMPT STATUTE BEING INCLUDED IN THE CHARGING INFORMATION? 2. CAN A CITIZEN BE CONVICTED OF A STATUTE WHICH ARE STRICT LIABILITY CRIME, REQUIRING NO “MENS REA” REQUIREMENT?

Docket Entries

2019-04-29
Petition DENIED.
2019-04-18
Waiver of right of respondent Florida to respond filed.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2018-09-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Elton Lee Baker, Sr.
Elton Lee Baker Sr. — Petitioner
Elton Lee Baker Sr. — Petitioner
Florida
Wesley Heidt — Respondent
Wesley Heidt — Respondent