No. 22-6727

Kenneth Baldwin v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-02-08
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 28-usc-2244 constitutional-rights double-jeopardy due-process habeas-corpus judicial-procedure resentencing sentencing state-court statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-06-22 (distributed 2 times)
Question Presented (AI Summary)

Legality of multiple judgments and double jeopardy

Question Presented (from Petition)

question presented is one who’s being illegally detained pursuant to October 15, 2012 resentencing which authorize custody on new judgment from a State Court that failed to comport with the oral pronouncement of the custody. So does this constitute the actual new judgment under 28 USC § 2244(d)(1)(A) and Supreme Court case law? The second question presented is the legality of multiple judgment under October 15, 2012 resentencing by the State Court entering a new judgment of conviction and sentence and treating the original judgment of conviction and sentence on the same offense in one case to be run concurrent to each judgment. So does this constitute violation of double jeopardy clause of the United States Constitution. ii CERTIFICATE OF INTERESTED PERSONS AND

Docket Entries

2023-06-26
Rehearing DENIED.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-05-12
Petition for Rehearing filed.
2023-04-17
Petition DENIED.
2023-03-23
DISTRIBUTED for Conference of 4/14/2023.
2023-03-17
Waiver of right of respondent Secretary, DOC to respond filed.
2023-02-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 10, 2023)

Attorneys

Kenneth Baldwin
Kenneth Baldwin — Petitioner
Kenneth Baldwin — Petitioner
Secretary, DOC
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent