DueProcess FifthAmendment HabeasCorpus
Whether the Due Process Clause of the Fourteenth Amendment protects a surviving spouse, who is factually and actually innocent, from being convicted and imprisoned for stealing their own property, where, upon the death of the common-law spouse, the Estate is passed down to the surviving spouse?
QUESTIONS PRESENTED SYNOPSIS In 1990, Petitioner Wayne Bisso and Gina Marie Gambidilla entered into a common-law marriage in the State of Georgia and lived together until 1995. They held themselves out to be husband and wife the entire time. The happy couple moved to Florida. They lived resided there until Gina’s unfortunate passing. Upon her death, as surviving spouse, Mr. Bisso was entitled to all of her personal belongings. ; After her death, the mother of Gina moved to have her daughter’s belongings returned to her. Mr. Bisso claimed that since he was the common-law spouse, Gina’s estate was automatically passed down to him. ; Mr. Bisso was later arrested for grand theft along with other charges related to Gina’s possessions. Mr. Bisso contends that the Fourteenth Amendment Due Process Clause protects him from being convicted of stealing property that rightfully belongs to him. This leads to this compelling question. UESTION ONE Whether the Due Process Clause of the Fourteenth Amendment protects a surviving spouse, who is factually and actually innocent, from being convicted and imprisoned for stealing their own property, where, upon the death of the common-law spouse, the Estate is passed down to the surviving spouse? QUESTION TWO Whether Blockburger! protects a surviving spouse under the Double Jeopardy Clause of the Fifth Amendment from being convicted of both First Degree Grand Theft and Grand Theft of a Motor Vehicle when all the same property was grouped in one “theft”? ' Blockburger v United States, 284 US 299, 76 L Ed 306, 52 S Ct 180 (1932) ii _ INTERESTED PARTIES There are no interested