No. 19-6422

Calvin Dunell Burns v. Florida

Lower Court: Florida
Docketed: 2019-10-29
Status: Denied
Type: IFP
IFP
Tags: appeal appellate-review civil-rights competency constitutional-violations due-process evidence legal-procedure mental-competency mental-health standing trial-counsel trial-procedure
Latest Conference: 2020-01-10
Question Presented (from Petition)

1). why didn't the First District Court oF Appeals,
State of Florida, rule fairly in the Petitioner's Direct Appeal
on the merits of the issues in the Case in reference to the, Fifth
and Fourteenth Amendments of the united States constitutional
violations, and Article I, Section 1.2. and 9. of the Florida
Constitutional violations

2). why didn't the Petitioner's Appellant Counsel,
Cite the Federal Rules oF Evidence, Federal Rules oF Competency,
Florida Rules oF Evidence,and Fla. R. Crim. P. 3.2l., Competency,
and Fla. Stat. 3 9l6.12., Mental Competency To Proceed, in the
Petitioner's Appellant Initial Brief, OR Reply Brief?

3). why didn't the Petitioner's Appellant Counsel
file a motion for Rehearing 9.33o oR Rehearing en banc 9.331.
when the Petitioner asked her to file for Rehearing?

4). why didn't the trial Court hold a Competency
hearing Sua sponte for Petitioner?

5). why didn't the Petitioner's Court appointed
Mental Health Expert, Dr. Harry Krop, after performing the
mental evaluation make a written finding of the Petitioner's
mental Conditions?

6). why did the Petitioner's trial Counsel state
that, he had received the Petitioner's Mentad Health Report via
Krop, and that he needed additional time
to review the via email report, and then turn right around and
state, but we won't be pursuing that anymore based on the
report that I've got

7). How Can the Petitioner's trial Counsel say
that, we won't be pursuing that anymone based on the report
that I've got, if he needed additional time to review the
report via email?
Doesn't that statement in a whole Sounds
Contradictive?

8). How Come the Petitioner's trial Counsel never
did produce the via email Mental Health Report from Dr. Harry
Krop to the trial Court's as proof of a written finding of -
the Petitioner's mental Condition

9). Did the trial Counsel fabricate a story,about
receiving the via email Mental Health Report from Dr. Harry
Krop, on that Same date!

10). Even afte the grant of a one month Continuance
by the trial Judge how Come the trial Counsel Could not.
produce the via email mental Health Report from Dr. Harry
Brop to the trial Court's:

11). Does the via email Mental Health Report.
from, Dr. Harry Krop even exist at all?

12). why did the trial Counsel Cite, Fla. R. Crim.
P. 3.2lo., Cost of discovery exspense, when he orally request for
an appointment of a Mental Health Expert to evaluate the
Petitioner?

13). why didn't the trial Counsel Cite Fla. R.Crim.
P. 3.210. 3.2., and 3.212., Al1 rules governing Mental Competency
to proceed?

14). why didn't the trial Counsel make any
odections, in the Course of the Petitioner's three day trial with
all the harmful and fundamental errors made during the Course
of trial, to other issues, and issues I, and IV, that the
Appellant Counsel raised in

Question Presented (AI Summary)

Why did the First District Court of Appeals, State of Florida, not rule fairly on the merits of the issues in the Petitioner's Direct Appeal regarding violations of the Fifth and Fourteenth Amendments of the United States Constitution, and Article 1, Section 9, 21 and 23 of the Florida Constitution?

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-10-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2019)

Attorneys

Calvin D. Burns
Calvin Dunell Burns — Petitioner