No. 20-7835

Steven Cooper v. Florida

Lower Court: Florida
Docketed: 2021-04-22
Status: Denied
Type: IFP
IFP
Tags: adverse-possession circuit-court constitutional-rights criminal-procedure due-process mandamus right-to-counsel trespass
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Whether a defendant has the right to waive presence at pretrial conferences

Question Presented (OCR Extract)

QUESTION PRESENTED L 1. Whether it is appropriate for a capias to be issued after a defendant makes the required written waiver of presence as allowed for by the Florida Rules of Criminal Procedure of which affords a defendant the right to waive its presence at pretrial conferences upon filing a written waiver. 2. Whether a public defender has the right to deny a defendant the right to waive their presence as afforded by the Florida Rules of Criminal Procedure. 3. Whether a circuit court has the right to refuse to accept a written waiver of presence filed pro per, after receiving a motion to discharge incompetent _., + ineffective counsel and notice of adversarial relationship. + 4. Whether a judgment denying mandamus relief without explanation by the Florida First District Court of Appeal is unconstitutional. 5. Whether it is unconstitutional for a citizen to be arrested for trespass, grand theft and criminal mischief simply for adversely possessing real property. RELATED CASE 1. SCOTUS Case NO. 20-6207 . Case No: In the Supreme Court of the United States STEVEN COOPER oe re Petitioner, Se, 7 lal V STATE OF FLORIDA , Respondents, PETITION FOR WRIT OF CERTIORARI TO THE FLORIDA FIRST DISTRICT COURT OF APPEALS, 1DCA NO.1120-2553 Petitioner, Steven Cooper, humbly and respectfully asks that a writ of certiorari issue to review the judgment issued without opinion by the Florida First District Court of Appeal, IDCA# 1D20-2553, filed on August 31, 2020.. ) . OPINION BELOW The judgment issued without opinion by the First District Court of Appeal was issued on December 7, 2020. An appeal to The Florida Supreme Court was not submitted given it does not have jurisdiction to review decisions issued by the First District Court without a written explanation of its decision. This appeal serves as the only available review of the First District Courts opinion denying the mandamus petition. JURISDICTION The jurisdiction of this Court is invoked under 28 U.S.C. § 1257(a). The decision for which petitioner seeks review was issued on December 7, 2020, this petition filed within 90 days of that decision as the the ninetieth day was a Sunday, is for discretionary review under Rules 13.1 and 29.2 of this Court. CONSTITUTIONAL PROVISIONS AND STATUTES INVOLVED © United States Constitution, Amendment 5 provides, in pertinent part: No person shall... be deprived of life, liberty, or property without due process of law . © United States Constitution, Amendment 7 provides, in pertinent part: Where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved... according to the rules of the common law. © United States Constitution, Amendment 14 Section 1 provides, in relevant part: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. \ e United States Code 28. USC1361: Action to compel an officer provides, in relevant part: Courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee or any agency to perform a duty owed... . ; oe ¢ Florida Statute for Adverse Possession without Color of Title section 95.18 provides, in relevant part: (9) A person who occupies... solely by claim of adverse possession... prior to making a return as required under subsection (3), commits trespass. : STATEMENT OF CASE — . This Petition follows willful manifest injustice attack upon a law-abiding adverse possessor " unlawfully trespassed 7 falsely arrested > maliciously prosecuted “ intentionally deprived of fundamental rights. Petitioner is a victim of an onslaught of grotesque negligence by State Constitutional Offices and its Officers in opposition of Florida Statutes as an attack upon his adverse possession and in retaliation to his compl

Docket Entries

2021-09-10
Rehearing DENIED.
2021-08-19
DISTRIBUTED.
2021-07-23
Petition for Rehearing filed.
2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 24, 2021)

Attorneys

Steven Cooper
Steven Cooper — Petitioner
Steven Cooper — Petitioner