No. 20-6982

Misty R. Weed v. Florida

Lower Court: Florida
Docketed: 2021-01-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conflict-of-laws constitutional-rights district-court-conflict due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel manifest-injustice plea-withdrawal sentencing sentencing-discretion
Key Terms:
DueProcess FifthAmendment Privacy
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Did the first district court of appeal create a manifest injustice by ruling in conflict with other district courts on the same legal question, violating the petitioner's constitutional rights?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. DID THE FIRST DISTRICT COURT OF APPEAL CREATE A MANIFEST INJUSTICE WHEN IT EXPRESSLY AND DIRECTLY RULED IN CONFLICT WITH DECISIONS OF FELLOW DISTRICT COURT OF APPEAL‘S ON THE SAME QUESTION OF LAW, VIOLATING THE PETITIONER’S FIFTH, EIGHTH AND FOURTEENTH AMENDMENT RIGHTS? Il. DID TRIAL COURT CREATE A MANIFEST INJUSTICE BY ABUSING ITS DISCRETION IN FAILING TO APPOINT CONFLICT FREE COUNSEL PRIOR TO SENTENCING AND BY DISMISSING THE PETITIONER’S MOTION TO WITHDRAW HER PLEA WITHOUT A HEARING, VIOLATING THE PETITIONER’S SIXTH, EIGHTH AND FOURTEENTH AMENDMENT RIGHTS? Tir. DID COUNSEL'S INEFFECTIVE PERFORMANCE PREJUDICE THE PETITIONER BY LEADING HER TO BELIEVE SHE WOULD NOT RECEIVE A SENTENCE OVER FIVE (5) YEARS; BY FAILING TO : ARGUE THE COMBINED TIME SERVED IN RELATION TO THE NEW ; SENTENCE WOULD EXCEED STATUTORY MAXIMUM; AND BY FAILING TO ARGUE TRIAL COURT LACKED AUTHORITY TO RE-SENTENCE ; THUS, VIOLATING THE PETITIONER’S FIFTH, SIXTH, EIGHTH, AND FOURTEENTH AMENDMENT RIGHTS? ii

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-22
Waiver of right of respondent State of Florida to respond filed.
2020-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2021)

Attorneys

Misty R. Weed
Misty R. Weed — Petitioner
Misty R. Weed — 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