Supreme Court of the United States · Official docket →
Enrique Diaz v. Ricky Dixon, Secretary, Florida Department of Corrections, et al.
IFP petition · District Court of Appeal of Florida, Third District, No. 3D2024-0956 · judgment December 18, 2024
Question presented
WHETHER THE THIRD DISTRICT'S DECISION DISALLOWING DIAZ'S USE OF THE GREAT WRIT OF HABEAS CORPUS TO PRESENT VALID AND UNBARRED CLAIMS VIOLATES DIAZ’S RIGHT TO ACCESS TO THE COURT WHERE IT IS THE ONLY VEHICLE THROUGH WHICH DIAZ CAN INVOKE THE THIRD DISTRICT'S JURISDICTION TO SEEK REVIEW OF ITS OWN NULL AND VOID OPINION WHICH: l) REINSTATED AN 8- YEAR-OLD APPEAL/MANDATE; 2) PURPORTEDLY CONFERRED JURISDICTION IT ITSELF DID NOT HAVE TO A TRIAL COURT IT ORDERED TO MITIGATE DIAZ’S LEGAL 8 YEAR OLD 22 YEAR SENTENCE TO LIFE; 3) ORDERED SPECIFIC PERFORMANCE THAT: A) IMPOSED AN ILLEGAL SENTENCE WHICH VIOLATED THE DIRECT AND EXPRESS TERMS OF THE PLEA AGREEMENT; AND B) SNUBBED THE FACT THAT DIAZ WAS ALREADY IRREPARABLY PREJUDICED BY THE 8 YEAR BREACH OF THE PLEA AGREEMENT, CONTRARY TO THE FIRST, FIFTH AND FOURTEENTH AMENDMENT’S TO THE U.S. CONSTITUTION.
Counsel of record
For petitioner
Enrique Diaz
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jun 18 2025DISTRIBUTED for Conference of 9/29/2025.
- Mar 13 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 2, 2025)