No. 18-7466

Glenn Bennett, Jr. v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-01-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof constitutional-rights criminal-defense criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel jury-instruction jury-instructions sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-02-15
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Waiver of right of respondent Julie L. Jones, Secretary, Florida Department of Corrections to respond filed.
2018-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 15, 2019)

Attorneys

Glenn Bennett, Jr.
Meghan CollinsFEDERAL PUBLIC DEFENDER'S OFFICE, Petitioner
Meghan CollinsFEDERAL PUBLIC DEFENDER'S OFFICE, Petitioner
Julie L. Jones, Secretary, Florida Department of Corrections
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent