UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
Milo A. Rose
Petitioner case no. 8:93 - CV – 1169 – T – 23EAJ
V
James McDonough
Respondent
Prose request for leave to address the appearance of total breakdown of petitioner’s due process rights in violation of the Fifth Amendment’s while renewing request for judicial inquiry / interrogatory expansion of record.
Now comes petitioner prose humbly before this court seeking leave in accordance with local rule 2:03 (d) (M.D. Fla) to address the appearance of a total breakdown by all parties sworn to protect his due process rights.
Due process versus a façade of due process
There are certain due process violations that so infringe upon a defendants rights that any / all parties (pubic officials sworn to uphold state and U.S. constitutions) when becoming aware of are automatically required to acknowledge and address without unnecessary delay – at which point, for example, the state / prosecution and circuit court Judge become as obligated as defence counsel to address such clear violations.
Seal Chambers v Florida, 60 S.ct. 472 (U.S. Fla 1940) the due process provision of the Fourteenth Amendment. Just as that of the Fifth Amendment, was intended to guarantee procedural standards adequate and appropriate to protect at all times people charged with or suspected of crime by those holding positions of power and authority. U.S.L.A. Const. Amends – 5, 14.
This petitioner has repeatedly been forced to proceed Pro Se before this court in order to build the record as to the façade of legal representation attorney Bjorn Brunvand has demonstrated before this court. While also establishing the failure / breakdown on the respondent’s part to safeguard / protect petitioners due process rights.
These allegations have now reached the magnitude of making it obligatory upon this court to protect / safeguard petitioner’s due process rights by fully addressing their merits.
As such this petitioner humbly requests this court to review the record of all Pro se petitions filed by this petitioner and renew petitioners request for judicial inquiry / interrogatory expansion of record filed on May 26th 2006. As petitioner fully believes this action on the courts part will compel the court to overturn his conviction and sentence.
Petitioner asserts on this day February 20th 2008 under penalty of perjury that everything contained in this petition to be truthful and correct.
Pro Se Petitioner: Milo Andrew Rose
Milo Andrew Rose #090411
Union Correctional Institution
7819 NW 228th St. P3125
Raiford, Florida 32026 – 4430
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing petition has been furnished by U.S. mail, first class delivery, this 20th day of February, 2008 to asst. att. Gen. Carol Dittmar, Concourse Centre #4, 3507 Frontage Rd, Suite 200, Tampa, Florida 33607. Asst. st. Att. C. Marie King, Office of state attorney, P.O. Box 5028, Clearwater, Florida 34618, and, Bjorn Brunvand Esq, 615, Turner St, Clearwater, Florida, 33756.
Milo A. Rose #090411
Milo Rose
Union Correctional Institution
7819 NW, 228th St. P3125
Raiford, Florida, 32026 - 4430