Craig Bassett v. Ron DeSantis, Governor of Florida
DueProcess JusticiabilityDoctri
Can a rule of court contradict an act of congress without violating due process?
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 U.S. SUPREME COURT RULE (10) I. The State Supersession Law is repealed July 1, 2012 II.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)