No. 20-5158

Alexander J. Silvers v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-07-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights detention-challenge double-jeopardy due-process gerstein-v-pugh judicial-determination notice-to-defense probable-cause prosecutorial-discretion
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether a judicial determination of probable cause in the arrested offense legally justifies the state attorney filing additional charges

Question Presented (from Petition)

QUESTION PRESENTED 1) Once a neutral magistrate make a judicial determination of probable cause in the arrested offense, does that provide legal justification for the state attorney to file additional charges; 2) Do this Court permit trial judge and prosecuting attorney to establish probable cause . 3) Should the State Attorney notify the defense before filing additional charges? 4) Is it prejudice for the trial court to determine probable cause? 5) What do this Court consider to be a violation of Due Process? 6) What do this Court mean in Gerstein “a suspect who is presently detain may challenge the probable cause for that confinement?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-12
Waiver of right of respondent State of Florida to respond filed.
2020-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2020)

Attorneys

Alexander J. Silvers
Alexander Silvers — Petitioner
Alexander Silvers — Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent