No. 19-7927

Jay Allen Newcomb v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-03-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation confrontation-rights double-jeopardy due-process oral-pronouncement sentencing sentencing-conflict written-judgment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Is the 11th Circuit's conclusion that any error the sentencing court made in orally pronouncing the sentence was corrected by the written sentencing order supported by prevailing authority?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Is the 11" Circuit’s conclusion that “any error the sentencing court made in orally pronouncing [Petitioner’s] sentence was corrected by the written — sentencing order” supported by prevailing authority from this Honorable Court on questions involving a clear conflict between the unambiguous oral pronouncement of sentence and a written sentence order entered after the sentencing hearing had concluded? 2. Was Petitioner’s Fifth Amendment right to be free from double jeopardy violated when, after the sentencing hearing had concluded, the clerk of the court entered a written judgment and sentence that effectively increased the sentence, and was in conflict with the sentence that had been orally pronounced by the court without ambiguity? ; . 3. Was Petitioner’s Sixth Amendment right to confrontation violated when, after the sentencing hearing had concluded, the clerk of the court entered a written judgment and sentence in the absence of Petitioner, which increased the sentence and was in conflict with the unambiguous oral pronouncement of the court? 4. Was Petitioner’s right to due process under the Fifth, Sixth and Fourteenth Amendments violated when the written commitment order was allowed to control over the unambiguous oral pronouncement of the court, and a clear conflict existed between the unambiguous oral pronouncement and the subsequently rendered written judgment and sentence? 2

Docket Entries

2020-04-20
Petition DENIED.
2020-04-02
DISTRIBUTED for Conference of 4/17/2020.
2020-03-25
Waiver of right of respondent Inch, Sec., FL DOC, et al. to respond filed.
2020-02-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2020)

Attorneys

Inch, Sec., FL DOC, et al.
Wesley Heidt — Respondent
Jay A. Newcomb
Jay Allen Newcomb — Petitioner