No. 18-5539

Derek W. Pelto v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-08-10
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof change-of-law insanity-defense right-to-testify burden-of-proof certificate-of-appealability criminal-procedure ineffective-assistance insanity-defense right-to-counsel right-to-testify sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel rendered ineffective assistance of counsel by misapprehending a change of law as to the burden of proof for an insanity defense, which resulted in defense counsel interfering with the Petitioner's right to testify

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his counsel rendered ineffective assistance of counsel by misapprehending a change of law as to the burden of proof for an insanity defense, which resulted in defense counsel interfering with the Petitioner’s right to testify. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondents Jones, Sec., FL DOC, et al. to respond filed.
2018-08-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2018)
2018-07-09
Application (17A1318) granted by Justice Thomas extending the time to file until August 9, 2018.
2018-06-28
Application (17A1318) to extend further the time from July 11, 2018 to August 9, 2018, submitted to Justice Thomas.
2018-05-30
Application (17A1318) granted by Justice Thomas extending the time to file until July 11, 2018.
2018-05-24
Application (17A1318) to extend the time to file a petition for a writ of certiorari from June 10, 2018 to July 11, 2018, submitted to Justice Thomas.

Attorneys

Derek W. Pelto
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Jones, Sec., FL DOC, et al.
Wesley Heidt — Respondent