Petition for Writ of Certiorari — Johnny Patterson, Petitioner v. Florida

No.:

24-5645

L.T. Case No.: SC2024-075.3

IN THE

SUPREME COURT OF THE UNITED STATES

Supreme Court. U S.

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3 JOHNNY PATTERSON,

J As A Pro Se Petitioner,

OFFICE OF THE CLCfiK

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VS.

STATE OF FLORIDA, And

ATTORNEY GENERAL OF FLORIDA, Ashley Moody,

Respondent(s)

On petition for writ of certiorari

To the Supreme Court of Florida

AMENDED

Petition For Writ Of Certiorari

Johnny Patterson, #4740091

DeSoto Correctional Inst. Annex

13617 Southeast Highway 70

Arcadia, Florida 34266-7800

FD

SEP 2 4 2024

V

A

#1.) QUESTION PRESENTED

BY CONSTITUTIONAL STANDARDS, WHEN DOES A

JUDGE COMMIT FRAUD?

iii

LIST OF ALL PARTIES

All parties appear in the caption of the case on the cover page.

RELATED CASES

iv

TABLE OF CONTENTS

TABLE OF CONTENTS

v

TABLE OF AUTHORITIES CITED

vi

OPINIONS BELOW

VII

JURISDICTION

viii

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

ix

STATEMENT OF THE CASE

1

REASONS FOR GRANTING THE PETITION

4

CONCLUSION

6

INDEX TO APPENDICES

Appendix ONE:

Appendix TWO:

Appendix THREE:

The District Court of Appeal acknowledgement of new

case as well as The District Court of Appeal denied

Mandamus

Proceedings before the Florida Supreme Court.

Exhibits to pleadings in the Thirteenth Judicial Circuit

Court in and for Hillsborough County Florida

v

TABLE OF AUTHORITIES CITED

Cases

i.)

Patterson v. State, 569 So.2d 450 (Fla. 2nd DCA

l

2.)

Florida supreme Court, 82 So.2d 161 (Fla. 1955)

3

Statutes and Rules

Florida Statute, Chapter 119 /Public Records Request

Federal Statute, 552 / Freedom Of Information Act

vi

IN THE

SUPREME COURT OF THE UNITED STATES

AMENDED

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully prays that a writ of certiorari issue to review the

judgment below.

OPINIONS BELOW

[ 'J ]For cases from state courts:

The opinion of the highest state court to review the merits appears at

Appendix TWO to the petition and is

0 Reported at

DON’T KNOW

□ has been designated for publication but is not yet reported; or,

□ is unpublished.

vii

JURISDICTION

The jurisdiction of this Court is invoked under 28 U.S.C. §1254 (l).

[v/]For cases from state courts:

The date on which the highest state court decided my case was July 9, 2024.

A copy of that decision appears at Appendix TWO.

The jurisdiction of this Court is invoked under 28 U.S.C. §1257(a).

viii

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

1.)

United States Constitution —Amendments 5th and 14th.

2.)

Florida Constitution Article 1, section 9.

3.)

Florida Statute Chapter 552 The Freedom Of Information Act 552

4.)

The Florida Statute Chapter 119 / Request for Public Records

ix

STATEMENT OF THE CASE

On December 16, 1987, a grand jury in the Thirteenth Judicial Circuit in and

for Hillsborough County indicted Mr. Patterson for first-degree murder and armed

robbery for an offense which occurred on December 13, 1987. The jury returned a

verdict of guilty as charged on both counts (R 423, 571). On June 10, 1988, the trial

court sentenced Patterson to life imprisonment with twenty-five years conviction on

the armed robbery convictions, the trial court imposed a consecutive sentence of five

and half years (R 434-445, 580), in Florida Department of Corrections.

Patterson appealed the judgment of convictions and sentences to the Second

District Court of Appeal. The Second District Court of Appeal per curiam affirmed

on 10/12/1990. See Patterson v. State, 569 So.2d 450 (Fla. 2nd DCA 1990).

Patterson had filed a “Petition for Writ of Habeas Corpus” with the

Thirteenth Judicial Circuit in and for Hillsborough County, Florida on 2/6/2023. On

April 20, 2023, the trial court treated said petition as a rule 3.850 and summary

denied the same. On 5/21/23, Patterson filed appellant’s initial brief and on August

18, 2023 the district court of appeal of Florida, Second District per curia affirmed.

On 9/2/2023 Patterson filed his motion for rehearing, rehearing en banc, and motion

to certify question of great public importance into the district court of appeal.

Second District of Florida.

Petitioner Johnny Patterson has maintained his innocence for 37 years long

years in these courts and he not an attorney.

The freedom of Information Act 552 and the Florida Statute, Chapter 119,

Public Records Request Violation.

Petitioner Patterson has done a Public records request to the “Florida

Department of State”, division of election for the “Oath of Office” and “Bond, Oath of

Office” Article 2, section 5(b) of the Constitution of Florida, for Judge John P.

Griffin.

1.) In its August 2, 2018 letter, the “Florida Department of State” stated:

Patterson, Johnny #4744091

Cross City Correctional Institution

568 NE 225th Street

RE: Public records request

Dear Mr. Patterson:

The Florida Department of State does not have documents responsive to your

July 12, 2018, request regarding the Oath of Office or bond for Judge John P.

Griffin.

Respectfully,

Office of the general counsel

The legal document Patterson received from the Florida Department of State

bears the names of both the governor and secretary of state and the seal of the State

of Florida.

The State of Florida Executive branch of government consist of the Office of

the governor and the Florida Department of State which is the secretary of state.

Judge John P. Griffin was no a U.S. and Florida constitutionally elected

circuit court judge based upon “Florida Department of State”, legal document

2

Appendix-Three-1 and Florida Supreme Court case law, 82 So.2d 161 (Fla. 1955).

That omission rendered the criminal case #87-16087 indictment null and void

because the U.S. and Florida constitutions require the “Oath of Office and bond.

Oath of Office” and the law requires that it be properly notarized.

2.)

FLORIDA SUPREME COURT

82 So.2d 161 (Fla. 1955)

On Monday January 3, 1955, Tappy filed in the Office of the Secretary of

State his “Oath of Office as said county judge, and a bond, dated January 4, 1955 in

the principal amount of $5,000, executed by Tappy as principal and Continental

Casualty Company as surety, conditioned that he, Tappy, would faithfully perform

the duties of the office. Endorsed on the bond was a notation by the comptroller of

Florida.

3

REASONS FOR GRANTING THE PETITION

With a public official/officer if Judge John P. Griffin hold the position of a

judge, then he must have an “Oath of Office” filed with the Secretary of State,

division of election and a copy of the “Oath of Office” filed in the county in which he

hold his official position. That is a certified copy of Judge John P. Griffin’s “Oath of

Office”. See Appendix-Three-1

FLORIDA DEPARTMENT OF STATE”

1.)

Stated:

The Florida Department of State does not have documents responsive to your

July 12, 2018, request regarding the Oath of Office or bond for Judge John P.

Griffin. See Appendix-Three* 1

2.)

This also means that the clerk of the 13th Judicial Circuit Court in and for

Hillsborough County do not have on record a filed certified copy “Oath of Office” for

Judge P Griffin, because the “Florida Department of State Division of Election”

would have sent Johnny Patterson a copy of those documents on August 2. 2018.

See Appendix -Three-1

3.)

Judge John P. Griffin (was not) a defacto judge, because he (was not) a

practicing member of the Hillsborough County, Florida Bar Association, for

December 13-19, 1987, based upon “The Florida Department of State” document.

See Appendix-Three-1.

4

Relief sought:

Petitioner Patterson humbly seeks this Supreme Court of the United States

to grant him immediate release from the custody and control of the Florida

Department of Corrections now today. Thanks!

LEGAL CANDIDATE

1.)

If an individual was campaigning, collecting money and have never

registered for an office and name did not appear on the ballot as a legal candidate,

“would the individual” be guilty of fraud? See Appendix-Three-1

2.)

Representing himself as registered candidate while being actually an un­

registered individual.

3.)

Judge John P. Griffin did commit violations of federal laws and policies and

violations of State of Florida laws and statutes.

5

CONCLUSION

The petition for writ of certiorari should be granted.

Respectfully submitted,

Date:

7/ U /

6