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Thomas J. Kelly v. University of Florida Board of Trustees, et al.

Paid petition · District Court of Appeal of Florida, First District, No. 1D21-2937 · judgment January 18, 2023


Certiorari denied · June 5, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether when considering a petition for a writ of mandamus regarding a public records request, can a state civil, not criminal, circuit trial court judge at any time be allowed to, without notice of any kind, host a criminal prosecution in chambers without any party present and therefrom, without having held a prior hearing of any kind, without a jury ever being convened and upon written uncross-examined affidavits and statements, adjudicate the petitioner in that case, this same Petitioner, to be guilty of an unspecified crime or crimes as was per curiam affirmed without a written opinion by a state appellate court when such a state civil circuit trial court judge’s adjudication of criminal guilt was accomplished without the petitioner, the solely accused, ever being charged with any crime pursuant to the State of Florida’s criminal laws, rules and procedures and with the statute of limitations on each and every crime petitioner was accused of having run eight months prior to the petitioner’s public records request, thus violating the State of Florida’s separation of powers doctrine, namely Art. II, § 3, Fla. Const., and the petitioner’s due process presumption of innocence rights and other state and federal constitutional rights such as the petitioner’s each and every U.S. Const, amend. VI right.

Counsel of record

For petitioner
Thomas J. Kelly

For respondent
Shayne Ashley Thomas
University of Florida

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 05 2023
    Petition DENIED.
  2. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  3. May 10 2023
    Waiver of right of respondent University of Florida, et al. to respond filed.
  4. Apr 17 2023
    Petition for a writ of certiorari filed. (Response due May 30, 2023)