kvw mt-v CENTER CP'lO i6AL - - - 0ATE2-/2-A'e-~ IN THE INMPT SUPREME COURT OF THE UNITED STATES Michael Bush -PETITIONER (Your Name) vs. Julie Jones, Sec. Fla. Dept. of Corr. -RESPONDENT(S) ON PETITION FOR A WRIT OF CERTIORARI TO United States Court of Appeal for the Eleventh Circuit (NAME OF COURT THAT LAST RULED ON MERITS OF YOUR CASE) PETITION FOR WRIT OF CERTIORARI Michael Bush (Your Name) DC# 069831 Reception and Medical Center, P.O. Box 628 (Address) Lake Butler, FL 32054-0628 (City, State, Zip Code) None (Phone Number) QUESTION(S) PRESENTED Did the failure of the State of Florida to provide Mr. Bush with a complete copy of his trial transcript to be used in a postconviction evidentary hearing violate Mr. Bush's due process rights under the Fifth and Fourteenth Amendments to the United States Constitution? Was the decison of the Florida Courts that Mr Bush was not entitled under the Fifth and Fourteenth Amendments to the United States Constitution to a complete trial transcript for him to use in a postconviction evidentary hearing contray to clearl established federal law as determined by this Court? Was the decision of the Florida Courts that Mr. Bush was not entiteld under the Fifth and Fourteenth Amendments to the United States Constitution to a complete trial transcript for him to use in a postconviction evidentary hearing involve an unreasonable application of federal law as determned by this Court? LIST OF PARTIES [ ] All parties appear in the caption of the case on the cover page. [VII All parties do not appear in the caption of the case on the cover page. A list of all parties to the proceeding in the court whose judgment is the subject of this petition is as follows: Pamela Jo Bondi Florida Attorney General The Capitol PL-01 Tallahassee, FL 32399-1050 TABLE OF CONTENTS OPINIONS BELOW . I JURISDICTION.......................................................... ......................................................... 2 CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED .................................3 STATEMENTOF THE CASE ............................................................................................ 4 REASONS FOR GRANTING THE WRIT..........................................................................7 CONCLUSION....................................................................................................................11 INDEX TO APPENDICES APPENDIX A Opinion of the United States Court of Appeal for the Eleventh Circuit pulished at 888 F.3d 1188 APPENDIX B Unpublisdhed opinion of the United States District Court for the Southern District of FloridE NOTE: The Petitioner does not have a copy of this order APPENDIX C Per curiam decison without an opinion of the Third District Court of Appeal of Florida published at 992 So. 2d 412 (Fla. 3rd DCA 2008) APPENDIX D Per curiam decison without an opinion of the Third District Court of Appeal of Florida published at 84 So. 3d 323 (Fla. 3rd DCA 2012) APPENDIX E Order denying Mr. Bush's motion for postconviction relief. APPENDIX F -iv- I 1 TABLE OF AUTHORITIES CITED Federal Cases Britt v. North Carolina, 404 US. 226,, 92 S, Ct. 431, 30 L Ed 2d 400 (1971)...............................9 Griffin v. Illinois, 351 Us 12,76 S Ct 585, 100L Ed 891 (1956)...............................................7,9 Harrington v, Richter, 562 U.S. 86, 131 S. Ct. 770,178 L. Ed. 2d 624 (2011)................................7 Lane v. Brown, 372 U.S. 477,83 S. Ct. 768,9 LEd2d 892 (1963)..............................................9 Martinez v. Ryan, 566 U.S. 1,132 S. Ct. 1309, 182 L. Ed. 2d272, 284 (2012)...........................10 Trevino v. Thaler, 569 U.S. 413; 133 S. Ct. 1911; 185 L. Ed. 2d 1044 (2013)............................10 United States Code 28 U.S.C. §2254 (d) (1).....................................................................................................................................................7 Florida Rules of Court Fla. R. Crim. P. 3.850........................................................................ 10 V p IN THE SUPREME COURT OF THE UNITED STATES PETITION FOR WRIT OF CERTIORARI Petitioner respectfully prays that a writ of certiorari issue to review the judgment below. OPINIONS BELOW [vi For cases from federal courts: The opinion of the United States court of appeals appears at Appendix ± to the petition and is [1 reported at 888 F.3d 1188 (11th Cir. 2018) ; or, [ ] has been designated for publication but is not yet reported; or, [ ] is unpublished. The opinion of the United States district court appears at Appendix B to the petition and is [ ] reported at ; or, [ ] has been designated for publication but is not yet reported; or, ['4 is unpublished. [ ] For cases from state courts: The opinion of the highest state court to review the merits appears at Appendix C to the petition and is [ ] reported at ; or, [ ] has been designated for publication but is not yet reported; or, [ ] is unpublished. The opinion of the - court appears at Appendix D to the petition and is [1 reported at ; or, [ ] has been designated for publication but is not yet reported; or, [ ] is unpublished. 1. JURISDICTION ['.4 For cases from federal courts: The date on which the United States Court of Appeals decided my case was April 25, 2018 [ ] No petition for rehearing was timely filed in my case. [II A timely petition for rehearing was denied by the United States Court of Appeals on the following date: , and a copy of the order denying rehearing appears at Appendix ['.4 An extension of time to file the petition for a writ of certiorari was granted to and including September 24,2018 (date) on (date) in Application No. .A______ The jurisdiction of this Court is invoked under 28 U. S. C. § 1254(1). [ ] For cases from state courts: The date on which the highest state court decided my case was A copy of that decision appears at Appendix [ ] A timely petition for rehearing was thereafter denied on the following date: and a copy of the order denying rehearing appears at Appendix [ ] An extension of time to file the petition for a writ of certiorari was granted to and including (date) on ________________ (date) in Application No. A_______ The jurisdiction of this Court is invoked under 28 U. S. C. § 1257(a). -2- CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED Fifth Amendment to the United States Constitution: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Fourteenth Amendment to the United States Constitution-Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 28 U.S.C. §2254 (d) (1): An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States. -3- STATEMENT OF THE CASE At approximately 2:30 am on October 8, 2003, Lori Willenberg observed a man outside of her house located in Miami Shores, Florida. Several minutes later, she saw the man running near the back of her house. She called the police and described the man as a black male wearing a red shirt and black pants. An officer responded and, upon his arrival, spotted a man nearby matching that description riding a bicycle. After the man noticed the officer, he jumped off of the bicycle, discarded a bag and a leaf blower, and ran. The officer followed him but ceased the pursuit soon after the man jumped over a chain-link fence. A k-9 unit was dispatched and at approximately 3:30 am Michael Bush was found on the roof of a house in the area and taken into custody. The State Attorney for Miami-Dade County charged Mr. Bush by information with burglary of an occupied dwelling, grand theft, and resisting an officer without violence. The trial court declared Mr. Bush indigent and appointed assistant public defenders Lindsey Glazer, Esq. and Gregg Toung, Esq. to represent him. Mr. Bush pleaded not guilty to the information and exercised his right to a jury trial. The jury convicted Mr. Bush on all charges, and the trial court sentenced Mr. bush him to a thirty- five year prison term. Mr. Bush appealed his convictions and sentences to the Third District Court of Appeal of Florida. Court appointed assistant public defenders Bennett Brummer, Esq. and Howard Blumberg, Esq. represented Mr. bush in his direct appeal. Portions of Bush's trial had not been transcribed because the court reporter had lost some of her notes. Mr. Bush's appellate counsel sought leave to reconstruct the trial record and prepare a "statement of the evidence or proceedings" ("Statement") pursuant to Florida Rule of Appellate Procedure 9.200(b)(4). With the assistance of Bush's trial attorneys and the prosecutor, Mr. Bush's appellate counsel prepared the statement that depicted what had transpired during the portions of the trial that the Court reported did not transcribe.