No. 18-9478

David Rothenberg v. Florida

Lower Court: Florida
Docketed: 2019-05-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit constitutional-rights criminal-procedure double-jeopardy due-process mens-rea plea-bargaining probable-cause probable-cause-affidavit probation prosecutorial-misconduct
Key Terms:
AdministrativeLaw DueProcess FifthAmendment CriminalProcedure Securities
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is the use by the prosecutor of a 'probable cause affidavit' containing averments contradictory to the alleged victim's own sworn statement to charge and obtain a conviction, including leading the trial court to rely upon said affidavit, prosecutorial misconduct violative of a defendant's constitutional rights such that vacatur is required, when the argument is raised for the first time on direct appeal?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Is the use by the presecutor of a "probable cause affidavit" containing averments contradictory to the alleged victim's own sworn statement to charge and obtain a conviction, including leading the trial court to rely upon said affidavit, prosecutorial misconduct violative of a defendant's constitutional rights such that vacatur is required, when the argument is raised for the first time on direct appeal? 2. When multiple charges are brought based upon a generic range of dates, is double jeopardy violated when the State does not prove separate mens rea to commit each individual act? : 3. Is a change of plea knowing and voluntary when the terms and conditions of subsequent probation are not explained in detail to the defendant until after they have been imposed? 4. Can "formulaic" terms and conditions of probation be imposed constitutionally when they have no direct connection to a defendant's adjudication, especially when they are | sufficiently overbroad as to encompass any defendant upon which they are imposed? -i;

Docket Entries

2019-10-07
Petition DENIED.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-07-01
Waiver of right of respondent Florida to respond filed.
2019-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2019)

Attorneys

David Rothenberg
David Rothenberg — Petitioner
David Rothenberg — Petitioner
Florida
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent