Jorge Marc Gonzalez-Betancourt v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

After losing their civil forfeiture appeal, the City of Tampa turned over the exact same evidence to the State of Florida in a successful attempt to circumvent Petitioner’s Fifth Amendment right against double jeopardy since the same facts were already decided by a trier of fact on a lower threshold. The jury was instructed against this Court’s ruling in Xiulu Ruan u. United States, 597 U.S.. (2022). Petitioner was allowed to join in on co­ defendant’s arguments and objections during trial and state court appeals but was denied joining in the appellate briefs federal claims including collateral estoppel. Further, Petitioner’s requests for certificates of appealability have all been denied. The questions presented to this country’s highest court are:

1. Is Florida violating federal rights of its prisoners by preventing a defendant from arguing collateral estoppel, claiming exhaustion?

2. Does this court’s recent decision in Ruan extend to a principal who hired a physician alleged to have prescribed controlled substances outside the usual course of professional practice?

3. Does this court’s recent decision in Ruan extend to Florida’s state law equivalent to Section 841?