No. 18-5433

Helen Atkins v. Julie L. Jones, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2018-08-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: closing-argument constitutional-rights due-process effective-assistance-of-counsel fair-trial hearsay-evidence ineffective-assistance-of-counsel jury-instructions prosecutorial-misconduct right-to-testify sixth-amendment speedy-trial
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Was the petitioner denied her right to a fair trial and effective assistance of counsel?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; I. WAS THE PETITIONER DENIED HER RIGHT TO A FAIR TRIAL WHEN : THE TRIAL COURT OVERRULED HER OBJECTION TO PROSECUTOR'S CLOSING ARGUMENT AND WAS THE PETITIONER DENIED HER RIGHT TO EFFECTIVE ASSISTANCE OF CUONSEL WHEN COUNSEL FAILED TO OBJECT TO CLOSING ARGUMENT? II. DID COUNSEL FALL SHORT OF HIS CONSTITUTIONAL DUTY TO EFFECTIVELY REPRESENT THE PETITIONER WHEN HE INFRINGED UPON HER RIGHT TO TESTIFY? Ill. COULD COUNSEL HAVE PROTECTED THE PETITIONER'S _ CONSTITUTIONAL TO EFFECTIVE ASSISTANCE OF COUNSEL BY INVESTIGATING AND PRESENTING EXPERT WITNESS? IV. WAS COUNSEL INEFFECTIVE FOR FAILING TO ASSERT THE PETITIONER'S SPEEDY TRIAL TIME; DENYING HER UNITED STATES CONSTITUTIONAL RIGHTS? V. DID UNOBJECTED TO HEARSAY PREJUDICIAL EVIDENCE DENY THE PETITIONER OF HER CONSTITUTIONAL RIGHT TO A FAIR TRIAL AND EFFECTIVE ASSISTANCE OF COUNSEL? VI. WAS COUNSEL INEFFECTIVE FOR FAILING TO OBJECT TO JURY INSTRUCTIONS; DENYING THE PETITIONER OF HER CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL? VU. WAS THE PETITIONER DENIED HER CONSTITUTIONAL RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHEN COUNSEL FAILED TO PRESENT EXTRINSIC EVIDENCE? VII. DID THE CUMULATIVE EFFECT OF ERRORS AND INEFFECTIVE ASSISTANCE OF COUNSEL DEEM THE PETITIONER'S TRIAL FUNDAMENTALY UNFAIR WHICH RESULTED IN A MANIFEST INJUSTICE?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-13
Waiver of right of respondent Jones, Sec., FL DOC to respond filed.
2018-05-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2018)

Attorneys

Helen Atkins
Helen Atkins — Petitioner
Helen Atkins — Petitioner
Jones, Sec., FL DOC
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent