No. 21-5496

José Yeyille v. Armandina Acosta-Leon, et al.

Lower Court: Florida
Docketed: 2021-08-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-courts discretionary-review due-process equal-protection first-amendment florida-constitution fourteenth-amendment petition-clause
Latest Conference: 2021-10-29
Question Presented (from Petition)

1. Whether the judiciary of the State of Florida, whose Declaratory Judgment Statutes §§86.011 through 86.111 are appropriate for the occasion, may legally refuse to entertain challenges to the constitutionality of Florida Constitution, Article V§3(b)(3) and Jenkins v. State, 385 So. 2d 1356 (1980).

2. Whether Florida Constitution Article V, Section 3(b)(3) and Jenkins v. State, 385 So. 2d 1356 (1980) intentionally bar discretionary review for Petitions for Writs of CERTIORARI to the Florida Supreme Court to indigents, and indigent PRO*SE Black and Hispanic parties in violation of their Equal Protection and Due Process rights, and Access to Courts rights protected by Section 1 of the Fourteenth Amendment to the Constitution of the United States and the Petition Clause of the First Amendment to the Constitution of the United States.

3. Whether an appellate court judge, member of a three-judge panel, who previously issued PER¢CVRIAM affirmances without opinions to a Petitioner/Appellant violated his right to due process protected by the Fourteenth Amendment to the United States Constitution when that appellate judge ruled—and, indeed, refused to rule—upon the constitutionality of his PEReCVRIAM affirmances without opinions issued to Petitioner/Appellant.

Question Presented (AI Summary)

Whether Florida Constitution Article V, Section 3(b)(3) and Jenkins v. State, 385 So. 2d 1356 (1980) intentionally bar discretionary review for Petitions for Writs of CERTIORARI to the Florida Supreme Court to indigents and indigent PRO*SE Black and Hispanic parties in violation of their Equal Protection and Due Process rights, and Access to Courts rights protected by the Fourteenth Amendment and the Petition Clause of the First Amendment

Docket Entries

2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-09-27
Waiver of right of respondent Armandina Acosta-Leon, et al. to respond filed.
2021-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2021)

Attorneys

Armandina Acosta-Leon, et al.
Walter James HarveyThe School Boards Attorneys Office, Respondent
Jose Yeyille
Jose Yeyille — Petitioner