Henry Sowers v. Ricky D. Dixon, Secretary, Florida Department of Corrections
DueProcess HabeasCorpus
Does the State violate the ADA and Equal Protection Clause by failing to provide accessibility accommodations for a hearing-impaired pro-se defendant in a criminal proceeding?
QUESTIONS PRESENTED 1. Does the State violate the American Disabilities Act by failing to provide . “Program Accessibility’ to a hearing impaired Defendant (pro-se) in a criminal judicial proceeding in State Court; and Does the State violate the equal protections clause of the Fourteenth Amendment, if the State Trial Court offers to make available a wheelchair | for a physical impairment but fails to provide a qualified interpreter, note taker, computer aided transcription services, written materials, telephone handset amplifier, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunication devices for deaf : . persons, video text displays, and exchange of written notes for the hearing . impaired Pro-Se defendant in a criminal judicial proceeding, and Would the failure of the Trial Judge to Sua Sponte strike two jurors who admitted to being unable to being impartial cause reversible structural error, : when the defendant was unaware of the statements in Voir Dire until reading the statements in post conviction transcripts due to disability (hearing impaired) 2. Does the State violate Double Jeopardy Clause of the Fifth Amendment U.S. Constitution, by prosecuting and convicting a citizen of two separate statutory charges, wherein the elements for both charges are the same and . | & y : | : only separated by one word, and the separating word has the same context in both instances, and would conviction and sentence on both charges basedon . a single act incident violate the double jeopardy clause, when there is no evidence that the State Legislature intended to have both charges included on a single act incident. 3. Does the State initiate criminal process when it has procured a search warrant, and would serving of the search warrant constitute a criminal proceeding thus activating the alleged defendant’s Constitutional Rights to include Right to Counsel 6" Amendment and 5" Amendment Right against being a witness against oneself, and 14” Amendment U.S. Constitution of Due Process of Law and the Equal Protection Clause of the 14" Amendment; and | Do the Courts of Equity and the Equity Doctrine admit for relief when no other relief is available, wherein the Petitioner files a timely, legally sufficient petition for Writ of Habeas Corpus pursuant to Article 1 Section9 of the United States Constitution regardless of the limitations of the Federal Statute 28 USC 2254 to review the Constitutional claims of an unlawful detention of a citizen resulting from a conviction in State Court.