No. 21-6053

Jimmie Barge v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-10-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alleyne apprendi apprendi-violation certificate-of-appealability confrontation-clause due-process equal-protection fifth-amendment prison-releasee-reoffender sixth-amendment
Key Terms:
DueProcess FifthAmendment Takings HabeasCorpus
Latest Conference: 2021-12-03
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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? |

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-05
Waiver of right of respondent State of Florida to respond filed.
2021-10-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2021)

Attorneys

Jimmie Barge
Jimmie Barge — Petitioner
Jimmie Barge — Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent