No. 19-5701

Daniel Brian Masson v. Florida

Lower Court: Florida
Docketed: 2019-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment appellate-review child-abuse child-pornography child-sexual-performance constitutional-rights due-process falsified-transcripts motion-to-suppress search-warrant
Key Terms:
CriminalProcedure
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the petitioner's conviction for violating Florida Statute 827.071 (5) (a) is illegal due to lack of evidence, falsified transcripts, and violations of due process

Question Presented (OCR Extract)

QUESTIONS PRESENTED: Petitioner has been convicted of violating Florida Statute 827.071 (5) (a) (2016), which is classified as a child abuse offense involving child sexual performance. However, the State prosecution has not provided a single fact for the record proving the Petitioner is guilty of the crime. Petitioner’s conviction is illegal. The Florida Second District Court of appeals denied the Petitioner’s motion to correct the record when he clearly demonstrated in the motion how his pre-trial hearing transcripts had been falsified. The fraud in the transcripts needs to be investigated and refusal by appellate court to correct the record was a violation of the Petitioner’s rights guaranteeing due process of the law under the 5" and 14" Amendments. Petitioner’s Public Defender submitted a pretrial motion to suppress evidence intended to challenge the validity of a search warrant served at Petitioner’s residence. These motions requested the reviewing court to determine whether 5 images of children obtained from a law enforcement investigation of the Petitioner amounted to child pornography and were therefore a probable cause to issue the warrant. However, those 5 images were not included within the four _ corners of the warrant’s supporting affidavit. Rather, the image descriptions were. The magistrate heard and denied the motion on the grounds that the 5 images Page 2 amounted to probable cause. Furthermore, the magistrate stated nothing for the é record how the images met the criteria of child pornography. The Florida Second District court of Appeals affirmed this ruling without opinion. | The Appellate Court affirmed the trial court’s ruling denying a motion to suppress statements when the Petitioner’s record and argument on appeal showed that an interrogation recording was potentially fraudulent and how the judge did nothing to fact find as he was supposed to.

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-05
Waiver of right of respondent Florida to respond filed.
2019-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)
2019-07-22
Application (18A1348) granted by Justice Thomas extending the time to file until August 31, 2019.
2019-07-11
Application (18A1348) to extend further the time from August 1, 2019 to August 31, 2019, submitted to Justice Thomas.
2019-06-24
Application (18A1348) granted by Justice Thomas extending the time to file until August 1, 2019.
2019-05-28
Application (18A1348) to extend the time to file a petition for a writ of certiorari from July 2, 2019 to August 1, 2019, submitted to Justice Thomas.

Attorneys

Daniel Masson
Daniel Brian Masson — Petitioner
Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent