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