Christopher Seckington v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
HabeasCorpus Punishment
Question not identified
QUESTION(S) PRESENTED . Question 1: ; os What must a Defendant show in order to demonstrate an Eighth Amendment violation where Petitioner was sentenced to in essence life for possession of over one tablespoon of urine, an unusable liquid, that tested positive for a trace amount of amphetamine. _ Question 2: Se Is it contrary to or involve an unreasonable application of clearly established Federal law, as ; determined by the Supreme Court of the United States for Florida Law, Wilder v. State, 194 So.3d 1050 (Fla. 1 DCA 2016) which held that the weight of ANY mixture or substaiité’ such as “urine” CAN be used to convict a defendant for the “King Pin” crime of trafficking “it amphetamine, and over rule Federal Law, Chapman v. United States, 111 S. Ct. 1919, 1924 (1991) a U.S. Supreme Court case which held “Congress adopted a market-oriented approach to punishing drug trafficking under which the total quantity of what is DISTRIBUTED... is used to determine the lengtfi of the sentence” when unusable mixtures are never DISTRIBUTED? : vse , Question 3: eh ; What must a defendant show in order to demonstrate a Sixth Amendment violation wher Defense Counsel files a Motion to Withdraw due to “Ethical Conflict” which claims “the Attotney! Client Relationship is Irrevocably Broken” 61 days before trial, then the trial judge grants the motidh'té withdraw and the same trial judge then reappoints the same defense counsel 19 hours before trial absent a knowing and intelligent waiver of the defendant's right to conflict-free counsel when defendant verbally objected twice to the reappointment, he was told to “shut up or you will be going to iil tomorrow with no counsel.” , set y . "