James R. LaPoint v. Ricky D. Dixon, Secretary, Florida Department of Corrections
DueProcess FourthAmendment
Do the State courts violate a defendant's 14th-Amendment-right-to-due-process-and-to-a-fair-and-complete-direct-appeal-when-they-become-aware-of-a-materially-incomplete-record-on-appeal-and-do-not-supplement-the-record
QUESTIONS PRESENTED 1. Do the State courts violate a defendant’s 14" Amendment Right to due process and to a fair and complete direct appeal when they become aware of a materially incomplete record on appeal and do not supplement the record, contrary to this Court’s holding in Hardy v. United States, 375 U.S. 277, 287 (1964) and Mayer v. City of Chicago, 440 U.S. 189, 194 (1971)? 2. Is Florida’s practice of allowing sentencing of criminal defendants to the maximum allowable sentence without record reasons unconstitutional when such sentence varies materially from the defendant’s scoresheet and State plea offers, and when such practice precludes a review court from determining if the sentence imposed is legally valid or based on incorrect presumptions in violation of the 6", 8°, and 14" Amendment Rights under the U.S. Constitution? i