No. 19-6200

Michael Scott Smith v. Florida

Lower Court: Florida
Docketed: 2019-10-09
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: actual-innocence constitutional-claims criminal-procedure double-jeopardy due-process florida-statutes habeas-corpus indictment jurisdiction lesser-included-offenses post-conviction-relief procedural-default state-court statute-of-limitations statutory-interpretation
Key Terms:
Securities
Latest Conference: 2020-02-21 (distributed 2 times)
Question Presented (AI Summary)

Can a State Court indict an accused on one charge and take him to trial on another in the case of the same crime merely because a theory of prosecution for the charged crime, though each have different statutory elements, each are found as separate subsections of the Florida Statutes, and each are completely independent of the other?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . Can a State Couct indict aa accused on one chacqe and take hin ¥o trial on anothec in he qase of Abe teiea Crime merely bervne : a theory o¥ Pprosecuhion Qor Khe chacaeadd crime o\ though each Nave dillecent Suet elements , each ace found ws A LLeceas subsections of he Blocida SNahutes | and each ace completely independant oP YMye olhes 2 ; a ‘ ‘4 °

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Reply of petitioner Michael Scott Smith filed. (Distributed)
2020-01-13
Brief of respondent State of Florida in opposition filed.
2019-12-06
Motion to extend the time to file a response is granted and the time is extended to and including January 13, 2020.
2019-12-04
Motion to extend the time to file a response from December 12, 2019 to January 13, 2020, submitted to The Clerk.
2019-11-12
Response Requested. (Due December 12, 2019)
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-29
Waiver of right of respondent Florida to respond filed.
2019-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2019)

Attorneys

Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Michael Scott Smith
Michael Scott Smith — Petitioner
Michael Scott Smith — Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent