Robert L. Swinton, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.
DueProcess HabeasCorpus Punishment Securities
If the merits of an appeal exist and are not evaluated by a State or Federal Court of review, should a Federal court address Ineffective Assistance of Trial Counsel claims on the merits to assess whether the claims are arguable before denying In Forma Pauperis status and Extraordinary Writ relief of a U.S. Sixth Amendment claim that the petitioner was completely denied counsel on appeal for that State?
QUESTIONS PRESENTED FOR REVIEW. 1. If the merits of an appeal exist and are not evaluated by a State or Federal Court of review, should a Federal court address Inaffective Assistance of Trial Counsel claims on the merits to assess whether the claims are arguable before denying In Forma Pauperis status and Extraordinary Writ relief of a U.S. Sixth Amendment claim that the petitioner was completely denied counsel on appeal for that State ? : 2. If a defendant's appellate counsel filed an Anders : brief to withdraw as counsel, without briefing the facially : clear merits of the case and notifying the defendant, what ; avenue of redress would the defendant have if state procedures bar IAC redress and. the sentence completely expired; and would federal habeas corpus be unavailable for a State Ineffective Assistance of Trial Counsel and oversentencing claims.that were defaulted by state appellate counsel that provided no advice that a collateral attack’ was available at that time ? 3. Can. Florida Rule of Criminal Procedure § 3.850, / statute of collateral attack that bars relief of an ineffective assistance of trial counsel claim or Coram Nobis relief thereof after two years, be squared with the rulings in Martinez v. Ryan, 566 U.S. 1, and Trevino v. Thaler, 569 U.S. 413, when state appellate counsel caused the default of an Ineffective : ‘Assistance of Trial Counsel claim and unknowingly left the : defendant pro se ? 2. : \ ik a ,