No. 21-6802

Tarvis Wilson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-01-10
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: attorney-representation constitutional-error due-process fraud-practice fraud-upon-court fundamental-error judicial-misconduct manifest-injustice misrepresentation plea-change show-cause-order
Key Terms:
DueProcess FourthAmendment HabeasCorpus Privacy
Latest Conference: 2022-12-09 (distributed 2 times)
Question Presented (AI Summary)

Is it fraud practice upon the Court when an Assistant State Attorney misrepresents the facts of a Petitioner's Motion in their Response to a show cause order by the Court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is it fraud practice upon the Court when an Assistant State Attorney misrepresents the facts of a Petitioner's Motion in their Response to a show cause order by the Court? 2. Is it a manifest injustice, miscarriage of justice, constitutional error and fundamental error for a State Circuit Judge to allow an attorney to change his client's plea of Not Guilty (denying all allegations), to a affirmative defense? 3. Is it a manifest injustice, miscarriage of justice, constitutional error and fundamental error for a State Circuit Judge to allow an attorney to admit his client's guilt to the jury, without stopping the trial to ask the client, does he agree to this line of defense, in a non-capital case, where the attorney is not making a plea for his life? 4. Is it a manifest injustice, miscarriage of justice, constitutional error and fundamental error for a State Circuit Judge in Florida to adopt the State's response to a Show Cause Order, the Judge gave, deeming all grounds were legally sufficient, when in fact, the State's response basically states the entire Motion is insufficient, yet the adoption was done in contrast to the Judge's prior order to show cause and without adhering to Fla.R.Crim.P. 3.850(F)(2), (3), and (6)? ii yy)

Docket Entries

2022-12-12
Rehearing DENIED.
2022-11-22
DISTRIBUTED for Conference of 12/9/2022.
2022-03-02
Petition for Rehearing filed.
2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-01-31
Waiver of right of respondent Inch, Sec., FL DOC, et al. to respond filed.
2021-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 9, 2022)
2021-12-21
Application (21A257) granted by Justice Thomas extending the time to file until February 4, 2022.
2021-12-06
Application (21A257) to extend the time to file a petition for a writ of certiorari from January 5, 2022 to February 4, 2022, submitted to Justice Thomas.

Attorneys

Inch, Sec., FL DOC, et al.
Celia A. Terenzio — Respondent
Tarvis Wilson
Tarvis M. Wilson — Petitioner