No. 19-7963

Yehowshua Yisrael v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2020-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment constitutional-rights criminal-procedure due-process florida-constitution jurisdiction manifest-injustice miscarriage-of-justice procedural-due-process prosecutorial-misconduct substantive-due-process
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2020-05-01
Question Presented (AI Summary)

Did the trial Court and State of Florida Prosecutor invoked a miscarriage of Justice and manifest Injustice

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Did the trial Court and State of Florida Prosecutor invoked a miscarriage of Justice and manifest Injustice as to wair their conduct did not comport with the 14" Amendment of the United States Constitution and Corresponding Article I, Section 9, of the Florida Constitution Due Process Clause; That Violated Procedural Due process and Deprived the Petitioner of his substantive Due Process Rights: Protected and guaranteed Petitioner by the 14" Amendment United States Constitution and Corresponding Article I, Section 9, Florida State Constitution? 2. Did the trial Court have jurisdiction over the re-filed identical original information, which was or are invalid because the State unlawfully Due Process it on or under the initial original Information filing prosecution and under the initial original Information custodial arrest and arrest number. In which the State never . executed an lawful (re)-arrest of the petition on the (re)-filed identical original Information, which was illegally re-filed while it was still initially active and pending previously originally filed. And it was illegally re-filed before the State dismiss or Nolle prosequi it originally filed; The State illegally re-filed the same charges before the same active charges originally filed and still pending was nolle prosequi, and the State never Lawfully re-filed the same charges after the State Nolle prosequi them originally filed. And the State never executed an Lawful F release of the Petitioner from the initial filing of the original information prosecution and its initial sole vested custodial arrest and arrest number, after the state Nolle prosequi the initial filing of the original information. (Also the State illegally re-filed TWO of the charges from an repealed inapplicable subsection of the Florida Statutes, which rendered them unconstitutionally void). So is this manner of conduct a Lack of Jurisdiction, miscarriage of Justice, manifest Injustice; Comported with Due Process?

Docket Entries

2020-05-04
Petition DENIED.
2020-04-16
DISTRIBUTED for Conference of 5/1/2020.
2020-04-10
Waiver of right of respondent Inch, Sec., FL DOC to respond filed.
2020-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2020)

Attorneys

Inch, Sec., FL DOC
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
Yehowshua Yisrael
Yehowshua Yisrael — Petitioner
Yehowshua Yisrael — Petitioner