Walter L. Johnson, Jr. v. Richard Comerford, Secretary, Florida Department of Corrections

Was there a violation of federal Due Process rights under the 5th, 6th and 14th Amendment of the United States Constitution by not allowing Petitioner’s defense to be heard?

The Trial Court Attorney and the Appeal Attorney did not preserve claims to be considered on appeal did attorney error during the appeal on direct review may provide cause to excuse a procedural default? It is an exception to being procedurally barred to post conviction claims? .3. If attorney appointed by the state is ineffective, the Petitioner has been denied fair process and the opportunity to comply with the state procedures, and obtain an adjudication on the merits of his claim. Is it a Due Process violation? Though no attributable fault of Petitioner a procedure bar default was imposed.

Is there a Due Process violation so fundamental that it can be raised for the first time on appeal, the error is so basic to the judicial decision under review and equivalent to a denied of Due Process?

Did trial court abuse its discretion in failure to review Petitioner’s amended motion for his insanity defense prior to trial that was part of the records? Causing Petitioner’s Due Process right under the 5th, 6th and 14th Amendments to be violated.

Did trial court erred by appointing only one expert to conduct Petitioner’s competency evaluation, trial court relied on counsel’s stipulation rather than conducting an independent competency determination?

Did the trial court error in using their discretion in failure to enter a written competency in a timely matter pursuant to the rule? Page 2 of 22