No. 20-5869

Michael Robert Everett v. Florida

Lower Court: Florida
Docketed: 2020-10-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-interpretation criminal-law double-jeopardy due-process federal-law federal-preemption judgment-rendition reclassification sentencing state-law
Latest Conference: 2020-11-13
Question Presented (from Petition)

DURING THE CHARGE IS RECLASSIFIED FROM ONE VARYING DEGREE OFFENSE TO ANOTHER, DOES THIS FINDING RENEW THE BURTON V. STEWART, FERREIRA V. SEC'Y DEP'T OF CORR., 549 U.S. 147 (2007), 494 F. 3d 1286 (11TH CIR. 2002) AND INSUGADE'S V. SECY, FLA. DEP'T OF CORR., 555 F. 3d 1273 (11TH CIR. 2014), APPLY TO THE FLORIDA JUDICIAL SYSTEM?

WHY DO FEDERAL CONTROLLING CASE(S)... BRADY V. MARYLAND, CRAWFORD V. WASHINGTON AND STRICKLAND V. WASHINGTON, FAIL UNDER THE SUPREMACY CLAUSE OF THE UNITED STATES CONSTITUTION, U.S. CONST. ART. VI, CL. 2, MANDATING STATE LAWS BE PREEMPTED BY FEDERAL LAWS AND OTHER LAWS DO NOT?

TWO OF THE INDICTMENT WAS BASED ON A LEGALLY INADEQUATE THEORY OF PROSECUTION: IN VIOLATION OF THE PETITIONER'S RIGHT TO DUE PROCESS?

Question Presented (AI Summary)

Whether reclassification of a criminal offense from one degree to another violates the Double Jeopardy Clause

Docket Entries

2020-11-16
Petition DENIED.
2020-10-29
DISTRIBUTED for Conference of 11/13/2020.
2020-10-23
Waiver of right of respondent Florida to respond filed.
2020-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2020)

Attorneys

Florida
Pamela J. KollerOffice of the Attorney General, Respondent
Michael Robert Everett
Michael Robert Everett — Petitioner