Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.
DueProcess HabeasCorpus
Whether the erroneous jury instruction given in Mr. Bennett's case negated his only defense and relieved the State of the burden of proving all elements of the charged offense, denying his constitutional right to due process
QUESTIONS PRESENTED This petition presents the questions of whether reasonable jurists can debate the following issues: 1. Whether the erroneous jury instruction given in Mr. Bennett’s case, which negated his only defense, relieved the State of the burden of proving all elements of the charged offense, and directed the jury to find Mr. Bennett guilty, was an unconstitutional denial of his constitutional right to due process under the Fifth, Sixth, and Fourteenth Amendments. 2. Whether Mr. Bennett’s defense counsel’s failure to object to the erroneous instruction was an unconstitutional denial of Mr. Bennett’s Sixth Amendment right to the effective assistance of counsel. 1