George W. Smith, Jr. v. Florida
DueProcess FourthAmendment
Whether a trial court's failure to address subject matter jurisdiction or exercise of discretion to ignore jurisdictional challenges violates due process under the 5th and 14th Amendments
1. When the question of subject matter jurisdiction is raised, if the trial court does not answer, is it a violation of 5th and 14th Amendment of the United State Constitution. 2. When the trial court is constituted by authority, and fails to address an asserted claim under associated authority, does this violates due process of the United States Constitutions 5th and 14 Amendments? 3. When the court exercise descretion to ignore lack of jurisdiction, is it a violation of the 1st, 5th, and 14th Amendment of the United States Constitution? 4. Did the 14th Amendment of the Constitution “equal protections of law” give cause under for the petitioner's motion in this case, that provided challenge of state and federal jurisdiction to be proven? 5. If the accusatory pleading is improper and it is raised in motion under supporting authorities, does due process of the 5th and 14th Amendment of the United States Constitution requires proof of jurisdiction to appear on the record of the circuit, and district court and all administrative proceedings? 6. If a judgment is void does the court act in a manner inconsistent with due process of the United States Constitutions 5th and 14th Amendments? 7. When subject matter jurisdiction in a criminal case is invoked by the face of the accusatory pleading filed does a prosecution initiated from the face of an improper accusatory pleading violates due process of the United State Constitution's 5®* and 14th Amendments? 8. When a trial court act beyond their authority and in contravention of it, in regards of a lack of subject matter jurisdiction in the present case of the petitioner is it a violation of due process of the United States Constitution ’s 5th and 14th Amendments? ii