No. 23-5593

Shawn V. Castiglione v. Florida

Lower Court: Florida
Docketed: 2023-09-15
Status: Denied
Type: IFP
IFP
Tags: constitutional-law constitutional-validity criminal-procedure due-process equal-protection habeas-corpus post-conviction-relief sexual-offense statutory-interpretation
Latest Conference: 2023-11-17
Question Presented (from Petition)

1) Whether the Florida Statutes, Chapter 794 and Chapter 800, under
which Petitioner was charged, tried, convicted, sentenced and
incarcerated, are constitutionally valid statutes, or are they invalid
unconstitutional, and void ab initio;

2) Did the lower Court err, and violate Petitioner 's right to due process and
equal protection of the law, when the lower Courts refused to hear and rule
on a constitutional question of law, as a matter of great public importance,
and an apparent case of first impression, said lower Courts both ignoring
the issue completely, and;

3) Whether the Seventeenth Judicial Circuit Court in and for Broward
County, Florida, erred, and violated Petitioner 's right to due process and
equal protection of law when that Court illegally converted Petitioner 's
Petition for Writ of Habeas Corpus for Immediate Release, into a Motion for
Post Conviction Relief, 3.850, then denied the Motion as untimely and
procedurally barred.

Question Presented (AI Summary)

Whether the Florida Statutes, Chapter 794 and Chapter 800, are constitutionally valid

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2023)

Attorneys

Shawn V. Castiglione
Shawn V. Castiglione — Petitioner