No. 20-7786

Obidiah McCaskill v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2021-04-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-violation due-process fair-hearing fifth-amendment florida-statutes liberty sixth-amendment supervised-release unconstitutional
Key Terms:
DueProcess
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Whether Florida Statutes and case law have deprived the petitioner of his liberty and a fair hearing, in violation of the 14th Amendment

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Petitioner, Obidiah McCaskill, Jr. request review of Florida Statutes and : case law that have deprived Petitioner of his liberty and been deprived of a fair hearing which violates Petitioner’s 14" Amendment . The Supervised Release -. . .'. Statutes is unconstitutional because it violates the right to trial under the Fifth and .. ~. Sixth Amendment. 1988 Supplement to Florida Statutes 1987 clearly states S. So 775.084:4(d)(e) see Appenldix'E” F.S. 775.084 1988 Supplement to Florida Statutes | i 1987. There is also a conflict in Florida Statutes 944.275(2)(c) (1995) and 944.275(2)(c) 1988 Supplement to Florida Statutes1987 they both have different language. That is a conflict in statutes. The Trial court failed to consider the issues | that was raised in which the trial court erred in failing to address. The trial court was required to address the issues that was brought before them, Florida’s . Conditional Release Supervision Release Statutes is unconstitutional See Hayman . v. United States Court of Appeals for the Tenth Circuit, 869 F.3d 1153; 2017 U.S. App. Lexis 16747 Petitioner has been denied due process in which he is guaranteed by the Constitution. See Statement of Case for Support. 6 : JURISDICTION [ ] For cases from federal courts: : The date on which the United States Court of Appeals decided my case was . [ ] No petition for rehearing was timely filed in my case. ' *. :['] A timely petition for rehearing was denied by the United States Court of appeals 7 ’ .: on the foHowing date: , and a copy of the order denying rehearing appears at

Docket Entries

2021-05-17
Petition DENIED.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-19
Waiver of right of respondent Mark S. Inch, Sec., Fla. Dept. of Corrections to respond filed.
2021-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 17, 2021)

Attorneys

Mark S. Inch, Sec., Fla. Dept. of Corrections
Beverly Bartlett BrewsterOffice of General Counsel, Respondent
Beverly Bartlett BrewsterOffice of General Counsel, Respondent
Obidiah McCaskill
Obidiah McCaskill — Petitioner
Obidiah McCaskill — Petitioner