No. 19-5292

Franky Joseph v. Florida

Lower Court: Florida
Docketed: 2019-07-23
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-review due-process eighth-amendment federal-constitutional-claim judicial-integrity leblanc leblanc-v-virginia merits-adjudication state-v-michel state-vs-michel supreme-court-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-11-15 (distributed 2 times)
Question Presented (AI Summary)

Whether the Florida Supreme Court's decision infringes on the petitioner's constitutional right to meaningful review of their federal constitutional claim

Question Presented (OCR Extract)

QUESTION PRESENTED The decision of the Florida Supreme Court, from which the ; Florida State District Court of Appeal’s decision derives, is glaringly egregious and contrary to the holding of this Court, and a progeny of high courts of other states, that this court ruled on the merits of the underlying Eight Amendment claim in Virginia v. LeBlanc, 37 $§.Ct. 1726 (2017). The questions presented are: : 1. Does the Florida Supreme Court’s contrary and broad reading of LeBlanc infringe upon Petitioner’s Constitutional right to . have a meaningful review of his federal constitutional question, and adjudication thereof on the merits in accord with due process? 2. Does the Florida Supreme Court’s reliance on LeBlanc as a merits based decision to overturn a previous decision favorably ‘ resolving Petitioner’s Eight Amendment claim, unconstitutionally deprive him of the constitutional protection afforded by the Court’s previous decision? : i 3. Does the decision of the Florida Supreme Court in State v. Michel, 257 So.3d 3 (Fla. 2018), depart from the concepts of constitutional fairness, and judicial integrity particularly, where it is clear that the Court applied an egregious and objectively unreasonable analysis of the plan language of this Court in Virgina v. Le Blanc, to overturn a previous decision a minority of the Florida Supreme court, at that time, had opposed. ii

Docket Entries

2019-11-18
Rehearing DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-16
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2019)

Attorneys

Franky Joseph
Franky Joseph — Petitioner