Manifest Constitutional Error?

[Tiffany_Cassara]

Is denial of due process rights manifest constitutional error or just manifest error?

 

[jharris352]

I don't know where you are getting your phrases but denial of Due Process is a State and Federal Constitutional Violation as well as a Statutory violation of rights. Why?

 

[Tiffany_Cassara]

I don't know where you are getting your phrases but denial of Due Process is a State and Federal Constitutional Violation as well as a Statutory violation of rights. Why?

I am trying to write a brief for writ of certiorari, writ of mandamus and writ of habeas corpus to the 2nd DCA Florida. I got the phrase manifest constitutional error from Black's Law 9th. I am trying to assert to proper error and differentiate within the brief between manifest, manifest constitutional, plain, clear, clerical and harmless error. There are numerous errors that span over 5 hearings. My appellate counsel withdrew and I can not afford another attorney. My due process rights were denied in matters involving my children. I had ineffective court appointed counsel, he was appointed 2 weeks before the hearing on a three year old case. Motion for continuance was denied twice. He failed to properly cross, he did not review the file, he kept asking the court to take judicial notice of the court file instead of doing his homework. He didn't present evidence that I personally gave him and kept telling me not to ask him questions. He didn't object to hearsay, and I could go on and on. The entire process was a three ring circus. The Court applied powers of disposition to a post disposition motion that had already been heard twice and decided twice. A third party was allowed to examine and cross to my objection and they were not a party in the case. The order was a five page written order with finding of facts and conclusions of law that are no longer controlling. I did not receive a fair hearing with absent outside influence. It is a very lengthy and complex case. I am already 46 pages into the brief. I just want it to sound right. It was a simple question. I am fighting for my kids. This has to be perfect.

 

[jharris352]

I've done a great deal of this. Write me: gahousetrust@gmail.com

 

[army judge]

If you want your children back, you can't just throw in phrases found in a law dictionary.

You may not be able to afford a lawyer, but that is the only way you're going to get your children back.

Appellate work is a very specialized area of the law.

If I were you, I'd contact the nearest law school. I'd arrange a visit with the prof that heads up the legal clinic. I'd be very charming and plead with him/her to allow a third year student to help me prepare my brief. Who knows, you might get more than you seek.


Here's a tip, there is nothing in the scenarios you provided that remotely speaks to the topic of this thread or your query.

Tip number two, if it applied, it isn't simple. Google the phrase. This is the stuff that sets precedents.

Tip number three, the brief, albeit is important in appellate practice; is trumped by your argument. Many lawyers briefed a poor case, but gave a superb oral argument. Oral arguments get cases remanded or overturned.