No. 19-8444

Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2020-05-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the integrity of the court requires enforcement of Rule 3.172(a) Fla. R. Criminal P. where the state has knowingly and intentionally violated the terms of petitioner's plea agreement after petitioner has served his sentence and cannot withdraw from the plea agreement because the state did not keep its end of the plea agreement by prosecuting petitioner after petitioner had already completed his end of the plea agreement

Question Presented (OCR Extract)

QUESTION(S) PRESENTED WHETHER THe wTeERITY OF THe CouRT REQUIRES CNFORCOmMeNT of RULE 3.17/(A) Fla. R, CRIMINAL PL WHeRe THe STATE Has KowInClLy AND IwTERTioVGLLY ViolaTel Ye TERMS OF Peli 770M eR 's Plex AC RE MeNT— ATER Pe rt0 HAS SERVED His £Cx/TEN CO AND CANNOT wiTDRAW -ARon THE Plea ACREEMEN7— BecaYse THe STATE Did yoT KeeP 17s eth OF THe PLEA PCREE MeN 7 By PROSeCUTING PET TionleR RFTER PeTi TroWeR HAD ALREADY Comple7ED His Cn) oF The Hep ACRECMEn, ARe STATE COURTS Exempt FROM FOLLOWING FepeRAL CovURT Decis/ons ri Cases SUCH AS , GIGLIO Vo UNITED STRTEs YOS US. 180, 3! bed. ao oy (97a) $ 70 THAT pll SYpulp kT 17 Be UNIFORMLY m AWDATORY ’ | TF pe IN WRITING 1VSTEAD OF ONLY Plen AGRECmeNTF BE IN WRI | ORAL suCH AS IA THIS CASE AT BAR P 8

Docket Entries

2020-10-05
Petition DENIED.
2020-06-18
DISTRIBUTED for Conference of 9/29/2020.
2020-06-11
Waiver of right of respondent Inch, Sec., FL DOC to respond filed.
2020-04-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 11, 2020)

Attorneys

Clarence Zacke
Clarence Zacke — Petitioner
Inch, Sec., FL DOC
Wesley Heidt — Respondent