No. 18-6646

John Edward Davis v. Florida

Lower Court: Florida
Docketed: 2018-11-08
Status: Denied
Type: IFP
IFP
Tags: autopsy-photographs coercion constitutional-procedure criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-confession involuntary-statements juvenile-offender juvenile-offender-rights juvenile-rights motion-to-suppress right-to-testify self-incrimination
Latest Conference: 2019-01-11
Question Presented (from Petition)

Question #1: Whether the Florida Court of Appeals unreasonably applied this Court's precedent when it upheld the denial of a post-conviction claim alleging ineffective assistance of trial counsel on a juvenile offender's motion to suppress as involuntary, inculpatory statements made by the juvenile, under the influence of alcohol and illegal drugs, without an attorney or guardian present, after a night of trauma and intimidation, coercion and deception by police who feigned inability to reach his mother, when the juvenile indicated repeatedly that he wanted to talk to her?

Question #2: Whether the Florida Court of Appeals unreasonably applied this Court's precedent when it upheld the denial of a post-conviction claim alleging ineffective assistance of trial counsel for failure to properly advise a juvenile offender re: his constitutional right to testify in his own defense and/or coercion not to testify?

Question #3: Whether the Florida Court of Appeals unreasonably applied this Court's precedent when it upheld the denial of a post-conviction claim alleging ineffective assistance of trial counsel for failure to show a juvenile offender graphic autopsy photographs of the victim before the juvenile rejected the State's offer(s)?

Question Presented (AI Summary)

Whether the Florida Court of Appeals unreasonably applied this Court's precedent

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-07-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

John E. Davis
John E. Davis — Petitioner