No. 20-6679

Larry Dortley v. Florida

Lower Court: Florida
Docketed: 2020-12-21
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP
Tags: civil-rights competency criminal-procedure drope-v-missouri due-process equal-protection fifth-amendment fourteenth-amendment mental-competency trial-rights
Latest Conference: 2021-11-19 (distributed 3 times)
Question Presented (from Petition)

Petitioner, Larry Dortley, was declared incompetent to proceed to trial by the Third Judicial Circuit Court, Columbia County, Florida, and was involuntarily placed in the State Mental Hospital. Petitioner was thereafter removed from the State Mental Hospital, forced to trial, Convicted of first degree murder and armed robbery, and Sentenced to life imprisoment, while remaining under the order of incompetency.

1) Whether the Equal Protection and Due Process of Law Clauses of the Fifth and Fourteenth Amendments to the United States Conistitution, and the United States Supreme Court decision in Drope v. Missouri, 420 U.5, 162 (1975) prohibit a state court from convicting and Sentencing a person who has been declared incompetent?

2) Whether an invalid procedural bar Can be imposed on an incompetent person to uphold an unconstitutional Conviction?

Question Presented (AI Summary)

Whether the Equal Protection and Due Process of Law Clauses of the Fifth and Fourteenth Amendments to the United States Constitution, and the United States Supreme Court decision in Drope v. Missouri, 420 U.S. 162 (1975) prohibit a state court from convicting and sentencing a person who has been declared incompetent

Docket Entries

2021-11-22
Rehearing DENIED.
2021-11-02
DISTRIBUTED for Conference of 11/19/2021.
2021-05-17
Petition for Rehearing filed.
2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-03-30
Brief of respondent State of Florida in opposition filed.
2021-02-22
Motion to extend the time to file a response is granted and the time is extended to and including March 31, 2021.
2021-02-19
Motion to extend the time to file a response from March 1, 2021 to March 31, 2021, submitted to The Clerk.
2021-01-29
Response Requested. (Due March 1, 2021)
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-11
Waiver of right of respondent State of Florida to respond filed.
2020-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2021)

Attorneys

Larry Dortley
Larry Dortley — Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent