No. 19-7413

Brennen Clancy v. Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-01-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: circuit-court-conflict classification due-process equal-protection felony misdemeanor probation probation-department sentence-classification sentencing statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (AI Summary)

Can a probation department change the classification of a sentence from MISDEMEANOR to FELONY for no reason and without any due process?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; Can a probation department change the classification of a sentence from MISDEMEANOR to ; FELONY for no reason and without any due process? The 11" circuit court of appeals has ruled this to all be of NATURAL CONSEQUENCE. , Does this conflict with the 3" circuit court of appeals who have previously upheld that circumstance like this is a violation when one is not similarly situated to others similarly sentenced? For 3" dui offense PA STATUTE 3802(A) 3803(A)(2) is the standard sentence in Pennsylvania. FL STATUTE 316.193(2)(B)(1 is the STANDARD sentence in Florida it is a . Felony. However I was not sentenced to the STANDARD sentence in Pennsylvania. I was sentenced to PA STATUTE 3807 (ARD) it is a misdemeanor. In Florida there is a similar sentence FL STATUTE 948.08 (PTI. It is a MISDEMEANOR. Was I denied this sentence because I was denied due process ? ; This claim is of ON-GOING and CONTINUING to this day of excessive force and deprivation ; of rights under color of law. What possibly has supported dismissal of this claim? 4

Docket Entries

2020-05-18
Rehearing DENIED.
2020-04-28
DISTRIBUTED for Conference of 5/15/2020.
2020-03-30
Petition for Rehearing filed.
2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-27
Reply of petitioner Brennen Clancy filed.
2020-02-24
Brief of respondent Interstate Commission for Adult Offender Supervision in opposition filed.
2020-02-14
Waiver of right of respondent Marie Bartosh to respond filed.
2019-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2020)

Attorneys

Brennen Clancy
Brennen Clancy — Petitioner
Interstate Commission for Adult Offender Supervision
Eric Ryan ElmsFISHER RUSHMER. P.A., Respondent
Marie Bartosh
David James MacMainMacMain, Connell and Leinhauser, LLC, Respondent