No. 19-8279

Jeffrey LaGasse v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2020-04-16
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: amendment-violation certificate-of-appealability civil-rights constitutional-rights due-process equal-protection ex-post-facto plea-bargaining police-misconduct severance
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-10-16 (distributed 2 times)
Question Presented (AI Summary)

Did the 11th Circuit Court of Appeals by-pass the petitioner's 5th, 6th and 14th Amendment rights by denying his petition for Certificate of Appealability?

Question Presented (OCR Extract)

No question identified. : FEDERAL QUESTIONS TO BE ASKED Did the 11™ Circuit Court of Appeals by-pass the petitioner’s 5", 6™ and 14% Amendment rights by denying his petition for Certificate of Appealability, considering the following: A) The police admitted that (out of “9000” cases) this case, was the “only” case, . : where-in they (the police) knowingly and willingly falsified the documents in an effort to fulfill some personal agenda. They (the police) encourage us to “Report Suspicious Activity” —-should their enthusiasm wane when the spotlight lands on them? Fundamental Fairness should be the Courts ultimate focus. See Lockhart v Fretwell, 506 U.S. at 369, 113 S.Ct. 838, 122 L.Ed. 2d 180 (1993). B) When separate cases are “not” severed into separate trials --the , _ contaminating effects of spillover (despite the above tampering factor) will still always result in confusion, chaos and disarray. (See Ground Two). Fairness takes precedence over efficiency, convenience and judicial . economy see Dodge v State, 204 So. 2d 490 (4 Dist. 2016) and Lockhart v Fretwell (supra). | C) Failure to honor a plea agreement (just because the law has since changed) is a breach of contract kniowing that, “any law of which inflicts a greater ; punishment then the law at the time of the crime --is a violation of the Ex post factos provision.” See Akins v Snow 922 F. 2d 1558 (11" Circuit 1991). .

Docket Entries

2020-10-19
Rehearing DENIED.
2020-09-30
DISTRIBUTED for Conference of 10/16/2020.
2020-06-10
Petition for Rehearing filed.
2020-05-26
Petition DENIED.
2020-05-06
DISTRIBUTED for Conference of 5/21/2020.
2020-05-01
Waiver of right of respondent Inch, Sec., FL DOC to respond filed.
2020-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2020)

Attorneys

Jeffrey LeGasse
Jeffrey LaGasse — Petitioner
Jeffrey LaGasse — Petitioner
Mark Inch
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent