Friday, September 19, 2008
Due Process Procedure in the Courts
Jarvis was tried and convicted in June of 2003. The judge and the Florida Superior Court noted that his indictment for second degree armed robbery and third degree aggravated assault were perfectly proper under Florida law as it then existed at the time. Courts are frequently not nearly as confident as are the Florida courts that this submission procedure cannot present a due process problem of great magnitude. They had found, however, that in the situation that existed then that the procedure did not operate to deny the suspect of his sixth amendment and fourteenth amendment due process rights or any other rights. The propriety of his indictment and conviction for that matter had therefore become purely and without reservation a question of state law only, and it would be inappropriate for them to pursue the matter further because it is not within their jurisdiction.