No. 18-9136

J.T., the Father v. Florida Department of Children and Families, et al.

Lower Court: Florida
Docketed: 2019-05-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts appellate-review constitutional-rights criminal-cases dependency-cases due-process equal-protection fundamental-liberty-interest indigent-population parental-rights
Key Terms:
DueProcess
Latest Conference: 2019-06-20
Question Presented (AI Summary)

Whether the Florida practice and rule that do not permit litigants to seek review in the Florida Supreme Court when the District Court of Appeal issues unelaborated affirmances (PCA's) of trial court decisions unconstitutionally deprives Florida residents of full and complete access to their courts in violation of their 5th and 14th Amendment due process rights and 14th Amendment equal protection rights

Question Presented (OCR Extract)

QUESTION PRESENTED (1) The first question involves the Florida Practice and Rule which do not permit litigants to seek review in the Florida Supreme Court when the a. District Court of Appeal issue unelaborated affirmances (PCA’s) of trial court decisions. The issue is whether this practice unconstitutionally deprives Florida resident’s full and complete access to their courts in violation of their 5 and 14 Amendments due process rights. As well as being violative of their 14" Amendment equal protection rights, in that it invidiously discriminates against Florida residents. Wherefore, residents of other states who enjoy full and meaningful review of their cases on appeal. Most egregious, however, is the fact that the great majority of PCA’s are rendered in criminal and dependency cases, which mainly involve the indigent population of Florida. (2) The second question presented is whether Florida Statute 39.806(1) (d) 1 and 39.806(1) (d) 3. Which denies the parent the possibility of defending against charges which have already been decided in a prior, non-trial surrender of parental rights, violated the fathers fundamental liberty interest in parenting; (Zroxel v. Granville, 530 U.S. 57, 65 (2000); Lassiter v. Dept. of Social Services, 452 U.S. 18, 27 (1981); Stanley v. Illinois, 405 U.S. 645, 651; et.al. which interest is also protected by Florida’s Privacy Act, Art. 1 , Sec. 23 Fla. Const.) Due process, equal protection, and his right against punishment by ex post facto malum per se laws. PARTIES TO PROCEEDING 1) Judge Stephan Millan C/R 12-1 155 N.W. 3 St., Miami, FL 33128 2) Karla Perkins(DCF) 401 N.W. 2" Ave., Miami, FL 33128 3) Thomasina Moore(G.A.L.P.) P.O. Box 10628, Tallahassee, FL 32399 4) Laura J. Lee(G.A.L.P.) P.O. Box 10628, Tallahassee, FL 32399 5) Albert Guffanti Esq. P.O. Box 16027, Miami, FL 33116 6) James Thompson(Def.) Jackson Corr. Inst., 5563 10" Street, Malone, FL 32445 OPINIONS 1) Supreme Court of Florida, Dismissed Certiorari March 15, 2019 2) 3" District Court of Appeal, Per Curiam affirmed March 1, 2019 3) Trial Court order of Final disposition July 30, 2018 Granting T.P.R. 3 CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED Wherefore, the termination of Parental Rights Petition being solely concentrated on the Petitioner’s incarceration. Therefore the governing statute 39.806(1) (d) I, F.S. id. to 39.806(1) (d) 3, F.S. Therefore, as provided by the solicitation of testimony during the course of trial, “reasonable effort” 39.001 F.S. Therefore, violating the Constitutional Guarantees of the 5%, 6", and 14 Amendments U.S.C.A. Guarantees of Liberty Interest. Further as provided by R.8.525 (d) F.S. “Presence of Parties”, R.1.330 (A) 4. FS. Id to 90.108 F.S. Pertaining to the introduction of evidence. ;

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-05-29
Waiver of right of respondent Florida Department of Children and Families to respond filed.
2019-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

Florida Department of Children and Families
Karla F. PerkinsDepartment of Children & Families, Respondent
Karla F. PerkinsDepartment of Children & Families, Respondent
J. T.
James Thompson — Petitioner
James Thompson — Petitioner