No. 23-5480

Jesus C. More v. Florida

Lower Court: Florida
Docketed: 2023-08-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure competency-hearing due-process jurisdiction jurisdictional-bar procedural-rules remedies separation-of-powers subject-matter-jurisdiction
Key Terms:
AdministrativeLaw DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2023-11-03
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1.) IN LIGHT OF ALEXANDER HAMILTON’S ASSERTED SEPARATION OF POWERS PRINCIPLES IN “THE FEDERALIST PAPES” NO. 78 AND 81, IS TRIAL PROCEDURAL JURISDICTION AN INSEPERABLE ASPECT OF SUBJECT MATTER JURISDICTION WHEREAS LEGISLATIVELY ENACTED PROCEDURAL RULES OF COURT MUST BE STRICTLY ADHERED TO IN ORDER FOR A COURT TO OBTAIN JURISDICTION TO DECIDE A CASE? 2.) ISA LEGISLATIVELY MANDATED COMPETENCY HEARING DEPRIVATION THE TYPE OF PROCEDURAL RULE DEPRIVATION THAT DIVESTS THE ' COURT OF JURISDICTION TO ACCEPT A PLEA AND/OR ADJUDICATE A CASE? : 3.) CAN APPELLATE “PROCEDURAL RULE: BARS” BE USED TO AVOID ADDRESSING “PROCEDURAL RULE” DEPRIVATION CLAIMS THAT QUESTION THE TRIAL COURTS JURISDICTION TO ADJUDICATE THE CASE TO BEGIN WITH? 4.) IS AN ORDER SENDING THE CASE BACK TO THE TRIAL COURT TO FOLLOW THE PROPER PROCEDURE THE ONLY REMEDY FOR A COMPETENCY HEARING PROCEDURE DEPRIVATION? ii

Docket Entries

2023-11-06
Petition DENIED.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-16
Waiver of right of respondent Florida to respond filed.
2023-08-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 29, 2023)

Attorneys

Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Jesus C. More
Jesus More — Petitioner
Jesus More — Petitioner