No. 20-5987

William J. Truesdale v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2020-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge civil-rights due-process equal-protection jury-selection neil-challenge peremptory-strikes racial-discrimination standing
Key Terms:
SocialSecurity DueProcess FourthAmendment Securities Privacy
Latest Conference: 2020-12-11
Question Presented (AI Summary)

Whether a state trial court's brief colloquy and abbreviated review of evidence relevant to a Batson challenge satisfied its obligation under step three of the Batson inquiry

Question Presented (OCR Extract)

No question identified. : ¥ \ You have received a JP QY letter, the fastest way to get mail | oe ony _ Rete eae te to. . Cae , ; QUE STZONLS) PRESENT ISSUE | . ‘ t [ 1 ] Whether a state trial court's brief colloquy and abbreviated review of evidence relevant to a Batson challenge satisfied its obligation under step three of the Batson inquiry to consider “all of the circumstances that bear upon the issue of racial animosity." Snyder v. Louisiana, 552 U.S. 472, 478 (2008). { 2 ] Whether a state trial court's brief colloquy and abbreviated review of evidence relevant to a Neil challenge satisfied its obligation under the standard peremptory challenge on Racial, Ethnic, or Gender, grounds. Where the Florida Supreme Court departed from the restrictive in Swain v. Alabama, 380 U.S. 202 (1965), test in Batson v. Kentucky, 476 U.S. 79 (1968) and utilized the equal protection clause to uphold a defendant right not to be tried by a jury that was selected through a procedure employing purposeful of racial discrimination. [ 3 ] Whether a state trial court's brief colloquy and abbreviated review of the information sought on the Jury Questionnaire concerning: name, age, marital status, prior jury service, relationship with law enforcement officials, witness to / victim of / or accused of a crime, occupation, employer, spouse's occupation employer, Juror No. 6 Ms. Alvarez non-disclosure of her " bad relationship or marital status" not disclose before she was sworn and impanel was perjury apond the Court. [ 4 ] Whether Petitioner Truesdale been denied due process of equal protection of law, as well as due process clause of equal protection clause of law. By the Cleck( s) of the United States Supreme Court quarantees individual civil rights and civil liberties as well as the Act(s) of Congress of 1789, 1791, 1866, 1871, 1873, and 1885, in accordance with the United States Constitution Amendment (s) IV, V, VI, VII, XIII, and XVI, and the State of Florida Constitution Article(s) |, Section(s) I, 1, Xf, XIIl, XVI, and XXill, as well as Truesdale Batson Objection or Neil Objection. A ( Black-Male ) African American Born in 1957 Charleston, South Carolina from a ( Black-And Cherokee Woman ) Born in 1920 Waterboro, South Carolina and a ( Black-Male Father ) Born in 1918 Macon, Georgia . Tried by a Jury Selected, Drawn And Impaneled August 27, 2007 of Seven ( 7 ) ( White-Females ) . was the landmark under the Act of Congress of March 1, 1875 decision in Strauder v. West Virginia, 100 U.S. 303 ( 1879 ) ( quoting Neal v. Delaware, 103 U.S. 370 ( 1880 ) Virginia v. Rives, 100 U. S. 315 ( 1880 )) citing Ex parta Virginia, 100 U.S. 339 ( 1880 ) § 4 of the Civil Rights Act of 1875, 18 stat. 336, was employed to authorize a criminal indictment against a judge for excluding persons from / 541 jury service on account of their race. Strauder Court held, that a statutes barring ( Negro ) from service on?grand and petit juries denied equal protection of law, to a ( Negro ) man convicted of murder by an white jury. Id. at 308. exclude ( Black ) person from juries undermine public confidence in the fairness of our system of justice Batson Id. at 87. [ 5 ] Whether Petitioner Truesdale been denied due process of equal protection of law, as well as due process clause of equal protection clause of law, by the Trial Court Judge Day ( "Racial Bias Remarks" ) towarded Juror No. 8 _ Ms, Jamal, the Assistant State Attorneys Aaron Slavin, Janet Hunter-Olney (" Racial Profiles Strikes ") against Black African-American Jurors and Juror No. 8, as well as Trial Defense Attorney Gary Lee Potts against (" Blacks" ) African-American Jurors, the Third Prosecutor for the Victim (" Alias Under Cover Prosecutor ") appointed from the office of the State Attorney Bernie McCabe, former prosecutor 15 years from the same State Attorney Office whom . trial Truesdale case. Also both Appellate Attorneys Kimberly N. Hopkins, and James M. Moorman, refusing to challenges my Batson Objection pre

Docket Entries

2020-12-14
Petition DENIED.
2020-11-25
DISTRIBUTED for Conference of 12/11/2020.
2020-11-17
Waiver of right of respondent Inch, Sec., FL DOC to respond filed.
2020-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 9, 2020)

Attorneys

Inch, Sec., FL DOC
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
William J. Truesdale
William James Truesdale — Petitioner