No. 22-1046

Thomas J. Kelly v. University of Florida Board of Trustees, et al.

Lower Court: Florida
Docketed: 2023-04-27
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights criminal-procedure due-process judicial-misconduct mandamus-petition presumption-of-innocence public-records separation-of-powers
Key Terms:
DueProcess
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether a state civil trial court judge can adjudicate criminal guilt without notice, hearing, or charges against the petitioner

Question Presented (OCR Extract)

QUESTION PRESENTED ’ Whether when considering a petition for a writ of , mandamus regarding a public records request, can a state civil, not criminal, circuit trial court judge at any time be allowed to, without notice of any kind, host a criminal prosecution in chambers ; without any party present and therefrom, without having held a prior hearing of any kind, without a ; jury ever being convened and upon written uncross-examined affidavits and statements, adjudicate the petitioner in that case, this same Petitioner, to be guilty of an unspecified crime or crimes as was per curiam affirmed without a written opinion by a state appellate court when such a state civil circuit trial court judge’s adjudication of criminal guilt was accomplished without the petitioner, the solely accused, ever being charged with any crime pursuant to the State of Florida’s criminal laws, rules and procedures and with the statute of limitations on each and every crime petitioner was accused of having run eight months prior to the petitioner’s public records request, thus violating the State of Florida’s separation of powers doctrine, namely Art. II, § 3, Fla. Const., and the petitioner’s due process presumption of innocence rights and other state and federal constitutional rights such as the petitioner’s each and every U.S. Const. amend. VI right.

Docket Entries

2023-06-05
Petition DENIED.
2023-05-16
DISTRIBUTED for Conference of 6/1/2023.
2023-05-10
Waiver of right of respondent University of Florida, et al. to respond filed.
2023-04-17

Attorneys

Thomas Kelly
Thomas J. Kelly — Petitioner
Thomas J. Kelly — Petitioner
University of Florida, et al.
Shayne Ashley ThomasUniversity of Florida, Respondent
Shayne Ashley ThomasUniversity of Florida, Respondent