No. 22-5500

James R. LaPoint v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-09-02
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment appellate-record constitutional-rights criminal-procedure direct-appeal due-process fair-trial Hardy-v-United-States incomplete-record Mayer-v-City-of-Chicago sentencing-review
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2022-10-28
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2022)
2022-07-26
Application (22A65) granted by Justice Thomas extending the time to file until August 24, 2022.
2022-07-15
Application (22A65) to extend the time to file a petition for a writ of certiorari from July 25, 2022 to September 23, 2022, submitted to Justice Thomas.

Attorneys

James LaPoint
James R. LaPoint — Petitioner
James R. LaPoint — Petitioner