No. 19-8302

Richard H. Morrison v. Florida

Lower Court: Florida
Docketed: 2020-04-19
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof due-process habitual-offender hearsay hearsay-evidence judicial-notice preponderance-of-evidence prison-release-reoffender sentencing-enhancement
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: N/A
Question Presented (AI Summary)

Is the state required to prove the defendant qualifies as a PRR by a preponderance of the evidence?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED It is true the state has the burden of proving by a preponderance of the evidence that the defendant qualifies as a PRR as defined in the statute Florida Statute 775.082? It is true the state must provide record evidence of date, case number, and the name of the prison facility not solely relying on inadmissible hearsay? Is it permissible for a trial court to take judicial notice of its own files, but the trial Judge has to put such evidence in the record of each case when sentencing a defendant as an habitual felony offender and a Prison Release Reoffender? Why is the state so afraid to supplement the record to establish the defendant’s release date? ii

Docket Entries

2020-04-29
Case removed from Docket.
2020-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 19, 2020)

Attorneys

Richard H. Morrison
Richard H. Morrison — Petitioner
Richard H. Morrison — Petitioner