Jimmie Barge v. Ricky D. Dixon, Secretary, Florida Department of Corrections
DueProcess FifthAmendment Takings HabeasCorpus
Is the Florida State trial court erring when sentencing Petitioner to minimum mandatory term of life in.prison because the Prison Releasee Reoffender (PRR) statute without submitting it to the jury, violating both Apprendi and Alleyne?
No question identified. : QUESTIONS Question One: Is the Florida State trial court erring when sentencing Petitioner to minimum mandatory term of life in.prison because the Prison Releasee Reoffender (PRR) statute without submitting it to the jury, violating both Apprendi and Alleyne? This is particularly true _after_a State Circuit Judge ruled that it was unconstitutional. The om Certificate of Appealability (COA) should have been granted in the Eleventh Circuit Court of Appeals since a reasonable jurist found the court's assessment of the constitutional claims debatable or wrong pursuant to Slack v. McDaniel, 529 U.S. 473, 484 (2000) and Miller-El v. Cockrell, 537 U.S. 336 (2003). Question Two: Is the State of Florida’s Trial Court violating the Equal Protection Clause by denying a defendant’s objections to three of the State’s peremptory challenges when it ; failed to conduct a proper Melbourne [v. State, 679 So.2d_759 (Fla. 1996)] Inquiry? Question Three: Is the State of Florida sanctions deficient_proof of use of a knife or threatened use of a knife that would likely cause death or great bodily harm rendering the evidence wholly insufficient to prove any crime except that of carrying a weapon while committing robbery, denying defendant’s Fourteenth Amendment Rights to Due Process? Question Four: Is the Florida State trial court limiting and conditioning defense’s crossexamination of an adverse witness on whether Petitioner was going to testify, which violated Petitioner’s Fifth Amendment privilege against compelled as well as his Sixth Amendment right to confront his accuser and his right to present his defense — Due Process Clause? |