No. 22-7265

Allen Franks v. Florida

Lower Court: Florida
Docketed: 2023-04-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 3.850-motion civil-procedure due-process government-fraud ineffective-counsel mental-capacity mental-disability plea-bargaining plea-process post-conviction-relief standing
Key Terms:
DueProcess
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Whether petitioner was denied due process when trial court failed to allow the petitioner an opportunity to file a reply to state's response on petitioner's 3.850 motion?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ISSUE (ONE) ee WHETHER PETITIONER WAS DENIED DUE PROCESS WHEN TRIAL COURT FAILED TO ALLOW THE PETITIONER 7 AN OPPORTUNITY TO FILEAREPLYTOSTATE’S RESPONSE ON PETITIONERS 3.850 MOTION? : a ISSUE (TWO) : _ WHETHER IT IS PERMITTED FOR A GOVERNMENT OFFICIAL TO USE DECEIT AND FRAUD TO ILLEGALLY OBTAIN INFORMATION FROM A MENTALLY RETARDED PETITIONER DURING A PLEA PROCESS TO OBTAIN A CONVICTION WHICH IN VIOLATION OF THE PETITIONER’S DUE PROCESS RIGHT? (ISSUE THREE) WHETHER TRIAL COUNSEL MISADVISED THE PETITIONER TO ENTER AN OPEN PLEA BASED ON DEFICIENT INFORMATION? (ISSUE FOUR) WHETHER TRIAL COUNSEL WAS INEFFECTIVE FOR MISADVISING THE PETITIONER THAT HE QUALIFIED FOR A DOWNWARD DEPARTURE? (ISSUE FIVE) WHETHER COUNSEL WAS INEFFECTIVE FOR FAILING LO PROPERLY ADVISE THE PETITIONER OF A POTEN. oo TIAL DEFENSE? ii i Ls

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-20
Waiver of right of respondent Florida to respond filed.
2023-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 12, 2023)

Attorneys

Allen Franks
Allen Franks — Petitioner
Allen Franks — Petitioner
Florida
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent