No. 19-6322

Kelvin Miles v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2019-10-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alleyne alleyne-vs-united-states apprendi confrontation confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-destruction fair-trial hearsay sentencing sentencing-enhancement sentencing-factors
Key Terms:
DueProcess
Latest Conference: 2019-11-22
Question Presented (AI Summary)

did-the-pre-trial-destruction-of-evidence-by-the-state-deny-the-petitioner-his-right-to-due-process-and-a-fair-trial

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. DID THE PRE-TRIAL DESTRUCTION OF EVIDENCE BY THE STATE DENY THE PETITIONER HIS RIGHT TO DUE PROCESS AND A FAIR TRIAL, THUS DENYING HIM THE ONLY EVIDENCE THAT WAS AVAIABLE TO PROVE HIS INNOCENCE? , 2. DID TESTIMONY OF THE DNA EVIDENCE THAT WAS DESTROYED PRIOR TO TRIAL CONSTITUTE INADMISSIBLE HEARSAY DENYING PETITIONER HIS CONSTITUTIONAL RIGHT TO CONFRONTATION? _ 3. DID THE STATE TRIAL COURT RELY ON IMPERMISSIBLE FACTORS TO INCREASE THE SENTENCE IN THIS CASE? 4. DID THE TRIAL COURT VIOLATE THE DICTATES OF ALLEYNE AND APPRENDI BY INCREASINIG THE SENTENCE WITHOUT A SPECIFIC SENTENCING ENHANCEMENT FACTOR FOUND BY THE JURY? ; 2 .

Docket Entries

2019-11-25
Petition DENIED.
2019-11-07
DISTRIBUTED for Conference of 11/22/2019.
2019-10-29
Waiver of right of respondent Inch, Sec., FL DOC to respond filed.
2019-08-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2019)

Attorneys

Inch, Sec., FL DOC
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Kelvin Miles
Kelvin Miles — Petitioner
Kelvin Miles — Petitioner