No. 18-9351

Craig Bassett v. Ron DeSantis, Governor of Florida

Lower Court: Eleventh Circuit
Docketed: 2019-05-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment civil-procedure civil-rights congressional-act court-rule due-process federal-courts federal-law respondeat-superior section-1983 separation-of-powers standing state-law statutory-interpretation
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Can a rule of court contradict an act of congress without violating due process?

Question Presented (from Petition)

QUESTION PRESENTED 1. Can a rule of court contradict an act of congress without violating due process of law guarantees? 2. Can 42 U.S.C Sect. 1983 be used to resolve the contradiction using state Governor as respondent superior under his obligation to enforce the law? 3. Does a duly enacted statute convey a valid right protected under the 14" Amendment? 4. Was this case properly dismissed? THE PARADOX Florida Criminal Procedure Law chapter 900-925, section 918.10 (1) Instruction to jury must include the penalty for the offense. Florida Rules of Criminal Procedure 3.390 jury instruction (a) the Judge shall not instruct on the sentence. U.S. SUPREME COURT RULE (10) I. The State Supersession Law is repealed July 1, 2012 II. State Attorneys continue to recognize court rule supremacy Il.Federal Court claims Governor has no liability ii IV.U.S. Supreme Court claims liability flows from nature of responsibilities in ’ Clearinger v. Saxner, 474 U.S. 193 (1985) and Exxon Corp. v. Governor of Maryland,437 U.S. 177 (1978)

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-14
Waiver of right of respondent DeSantis, Gov. of FL to respond filed.
2019-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 19, 2019)

Attorneys

Craig Bassett
Craig Bassett — Petitioner
Craig Bassett — Petitioner
DeSantis, Gov. of FL
Marcus Owen GraperOffice of the Attorney General, Florida, Respondent
Marcus Owen GraperOffice of the Attorney General, Florida, Respondent