No. 18-8431

David Kelly Brewster v. Florida

Lower Court: Florida
Docketed: 2019-03-14
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: burden-of-proof compensation constitutional-rights due-process equal-protection fourteenth-amendment legal-precedent restitution wrongful-incarceration
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the Victims of Wrongful Incarceration Compensation Act, §961.03, Fla. Stat. is unconstitutional as a violation of due process and equal protection under the Fourteenth Amendment, as held in Nelson v. Colorado

Question Presented (OCR Extract)

QUESTION PRESENTED Nelson v. Colorado, 581 U.S.__, 1878. Ct. 1249 (2017) tore down the wall Colorado had built to prevent persons from receiving their valid returns of funds paid in connection with crimes of which they were found not guilty. Florida has built the same wall by requiring persons who have been found not guilty by a court of competent jurisdiction to again prove their innocence in a second burdensome judicial proceeding . to obtain a refund of restitution and costs paid and obtain compensation for illegal incarceration. This requirement of Victims of Wrongful Incarceration Compensation Act, §961.03, Fla. Stat., is inconsistent with due process as held in MNe/son, and the equal protection clause of the Fourteenth Amendment mandates Nelson be applied to Florida because persons in Florida are entitled to the same due process rights as persons in Colorado under the U.S. Constitution. Neither Florida, nor any state can enforce laws that hinder the privileges of its citizens. sa The Question Presented is whether because Nelson is the law of the land must it not be enforced to ensure the due process rights of the . citizens of Florida by holding Victims of Wrongful Incarceration Compensation Act, §961.03, Fla. Stat. unconstitutional.

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-05-28
Brief of respondent Florida in opposition filed.
2019-04-25
Response Requested. (Due May 28, 2019)
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-15
Waiver of right of respondent Florida to respond filed.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2019)

Attorneys

David Kelly Brewster
David K. Brewster — Petitioner
Florida
Celia A. Terenzio — Respondent