No. 18-7873

Troy Sierra v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-02-11
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-procedure due-process eyewitness-identification fair-trial false-testimony ineffective-assistance-of-counsel ineffective-counsel right-to-counsel rights-advisement sixth-amendment
Key Terms:
DueProcess HabeasCorpus CriminalProcedure Securities
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Why were Petitioner's Fifth, Sixth, and Fourteenth Amendment rights violated?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Why did the U.S. government allow Det. Deluca to arrest and detain Petitioner at the Orlando County Jail on December 30. 2007 without counsel? Why wasn‘t counsel provided to Petitioner on January 3. 2008 when Det. Deluca tried to interrogate Petitioner at the Orlando County jail when Petitioner signed ‘NO’ on his Rights Advisement Form and asked the detective to speak to an attorney? Why was Petitioner INDICTED on January 24, 2008 without the right to counsel? Did this not violate Petitioner's Fifth. Sixth and Fourteenth U.S. Constitutional rights? 2. Is itnot a Fifth, Sixth and Fourteenth U.S, Constitutional right to have Det. Deluca read the Rights Advisement Form to Petitioner instead of Petitioner reading it to himseif silently? Shouldn't the tape recording done by Det. Deluca on December 30, 2007 be played to this Court showing Det. Deluca’s having Petitioner read the Rights Advisement Form silently to himself violating the Petitioner's Fifth Amendment right? 3. Why did the U.S. government allow Petitioner's Fifth, Sixth and Fourteenth U.S. Constitutional rights to be violated by showing an unreliable eyewitness four or five single photographs on January 3, 2008 after Petitioner had already been arrested and detained in Orlando County jail on December 30, 2007 by Det. Deluca? The unreliable eyewitness was shown four of five single photos on January 3. 2008 by Det. Deluca and is this not widely condemned by the U.S. Supreme Court? 4. Why was Petitioner denied a fair trial by violating his Fifth, Sixth and Fourteenth US. : Constitutional Amendments by not providing him counsel prior to or on the date of his January 24, 2008 _ indictment? Isn’t this a serious Sixth Amendment violation to be indicted on January 24, 2008 and then . not appointed counsel until March 11, 2008? And the whole time being held in county jail since December 30, 2007 on the same charge? 5. Why has not the U.S. government condemned the false testimony by Det. Deluca on July 14, 2009 after Petitioner has shown in all of his appeals that on January 3, 2008 the Petitioner did sign his Rights Advisement Form ‘NO* “If you would like to speak to us now?” Petitioner also at that second asked to speak to an attorney. Is this not a severe Fifth, Sixth and Fourteenth U.S. Constitutional violation that Petitioner has endured? 6. Why has the U.S. government allowed Petitioner's Sixth and Fourteenth Amendments to be violated by defense counsel’s failure to not request the Florida standard jury instruction 3.6(i) to the jury? Is this not a Fourteenth Amendment violation of lack of due process by not having the alibi instruction not be given to the jury and Sixth Amendment violation as shown by prejudice done be defense counsel to Petitioner? 7. Why has the U.S. government constantly denied Petitioner over the last six years his Fourteenth Amendment rights of due process and Sixth Amendment for effective assistance of counsel “NOT” to have the Technical Service Report done by Det. Deluca on December 29, 2007 which included bloody footprints at the scene of the crime not related to the shoe size nor shoe pattern that Petitioner had in his confiscated property? Doesn’t the Fourteenth U.S. Constitutional Amendment describe the right to have ALL evidence provided to the jury? Not just what the prosecutor wishes to provide? Isn’t this a Fifth Amendment right to a fair trial being denied? 8. Why has the U.S. government constantly denied Petitioner's Fifth, Sixth and Fourteenth Amendments given him by the U.S. Constitution by not correcting what Deputy Figueroa correctly heard on December 29, 2007 and not what he incorrectly heard? Doesn’t this clearly define a Fifth Amendment violation of a fair trial and a Sixth Amendment violation of severe ineffective defense counsel? Was not” ii Petitioner's Fourteenth Amendment rights to~ due process severely violated? . 9. Wasn't Petitioner's Fifth, Sixth and Fourteenth U.S. Constitutional Amendments violate

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-05-09
Petition for Rehearing filed.
2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-01-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2019)
2018-10-29
Application (18A444) granted by Justice Thomas extending the time to file until February 3, 2019.
2018-10-05
Application (18A444) to extend the time to file a petition for a writ of certiorari from December 5, 2018 to February 3, 2019, submitted to Justice Thomas.

Attorneys

Troy Sierra
Troy Sierra — Petitioner
Troy Sierra — Petitioner