No. 22-6512

Frank L. Perry v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Florida
Docketed: 2023-01-11
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: direct-review due-process equal-protection finality finality-date fourteenth-amendment lamb-v-state montgomery-v-state state-court
Key Terms:
DueProcess
Latest Conference: 2023-04-21 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower Florida state court's error in failing to correctly calculate the date that petitioner's direct review of his case became 'final' deprived petitioner of due process and equal protection

Question Presented (from Petition)

QUESTION(S) PRESENTED I. WHETHER THE LOWER FLORIDA STATE COURT'S ERROR IN FAILING TO CORRECTLY CALCULATE THE DATE THAT PETITIONER'S DIRECT REVIEW OF HIS CASE BECAME “FINAL” IN ACCORDANCE WITH THIS COURT'S PRECEDENT IN GRIFFIN V. KENTUCKY, U.S. V. JOHNSON AND LINKLETTER V. WALKER, THUS RESULTING IN THE FAILURE TO APPLY THE STATE HOLDINGS OF MONTGOMERY V. STATE AND LAMB V. STATE WHICH WERE DECIDED WHILE PETITIONER'S CASE WAS ON DIRECT REVIEW AND NOT YET FINAL, DEPRIVED PETITIONER OF DUE PROCESS AND EQUAL PROTECTION UNDER THE LAW AS GUARANTEED BY THE FOURTEENTH AMENDMENT TO THE U.S. CONSTITUTION. ef It _ LT AN panties appear in the Captor of the case onthe @vee page, [] Ait pasties do nat appear ‘in the captiin oP the Case on the avek pages Related Cases State Vi Perey, ol200f~497 0A Sudqment entered Seph (3,207 Perry Vi Shute r(d10 -137¥ Tndement entered dy 23, 2010 Peary Vi Shefe, iDil4243 Tukimect entered, Apr,27, 2011 Perry V. Skate, iDI80665 | Sidjmend entered. Apt, 3,203 United Stecte, Dist, Court, |-13-CV-WI-MP~GRI, Tadg ment entered Aug. % 2016 Peary v; State, WIR -O79F Trdymerd enfered Tuly 17,2017 Perey v. Dixon, Sey Dept OF, Core, SCA CFO = Fudg nent entered, Tuly W202 Rehearing Deied Fedamerd enkred. AuglD 2022

Docket Entries

2023-04-24
Rehearing DENIED.
2023-04-05
DISTRIBUTED for Conference of 4/21/2023.
2023-03-17
Petition for Rehearing filed.
2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-01-30
Waiver of right of respondent Dixon, Sec., FL DOC, et al. to respond filed.
2022-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2023)

Attorneys

Dixon, Sec., FL DOC, et al.
Trisha Meggs PateOAG Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOAG Criminal Appeals Division Tallahassee, Respondent
Frank L. Perry
Frank L. Perry — Petitioner
Frank L. Perry — Petitioner