No. 18-9670

Charles L. Trice v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-06-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 2nd-amendment 9th-amendment conflict-in-circuits constitutional-rule due-process due-process-interpretation eleventh-circuit-conflict griffith-v-kentucky ninth-amendment second-amendment self-defense self-defense-right weiand-decision
Key Terms:
DueProcess SecondAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Florida post-conviction court unreasonably applied Griffith v. Kentucky in determining that Trice's convictions were final when the Florida Supreme Court issued Weiand v. State, thereby failing to apply Weiand to Trice's case, and whether the Eleventh Circuit created a conflict in the circuits in finding that the Florida Supreme Court's decision in Weiand interpreting the right to self-defense did not apply a constitutional rule because the right to self-defense is a fundamental constitutional right

Question Presented (OCR Extract)

Question Presented The Florida Post-conviction Court Unreasonably Applied Griffith v. Kentucky, 479 U.S. 314, 107 S. Ct. 708 (1987), in Determining That Trice’s Convictions Were Final When the Florida Supreme Court Issued Weiand v. State, 732 So. 2d 1044 (Fla. 1999), Thereby Failing to Apply Weiand to Trice’s Case, and the Eleventh Circuit has Created a Conflict in the Circuits in Finding that the Florida Supreme Court’s Decision in Weiand Interpreting the Right to Selfdefense Did Not Apply a Constitutional Rule Because the Right to Self-Defense is a Fundamental Constitutional Right. 2

Docket Entries

2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-16
Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
2019-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2019)

Attorneys

Charles Trice
William Mallory KentKent & McFarland, Petitioner
William Mallory KentKent & McFarland, Petitioner
Secretary, Florida Department of Corrections
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent