No. 18-8003

Anthony J. Dannolfo v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2019-02-15
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel lafler-v-cooper north-carolina-v-alford plea-bargaining strickland-standard strickland-v-washington
Key Terms:
FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-06-06 (distributed 2 times)
Question Presented (AI Summary)

Did Dannolfo's protestation of innocence foreclose his ability of proving Strickland prejudice under Lafler v. Cooper, or did the courts fail to give meaning to North Carolina v. Alford's holding that other reasons would have induced Dannolfo to plead, such as a correct evidentiary picture of the State's case from competent counsel?

Question Presented (OCR Extract)

No question identified. : QUESTIONS 1. DID DANNOLFO’S PROTESTATION OF INNOCENCE FORECLOSE HIS ABILITY OF PROVING STRICKLAND PREJUDICE UNDER LAFLER V. COOPER, OR DID THE COURTS FAIL TO GIVE MEANING TO NORTH CAROLINA V. ALFORD’S HOLDING THAT OTHER REASONS WOULD HAVE INDUCED DANNOLFO TO PLEAD, SUCH AS A CORRECT EVIDENTIARY PICTURE OF THE STATE’S CASE FROM COMPETENT COUNSEL? a DOES DANNOLFO’S CASE, WHICH ALLIGNS WITH NUMEROUS CIRCUIT COURT DECISIONS, CONFLICT WITH NORTH CAROLINA V. ALFORD IN CONJUNCTION WITH STRICKLAND V. WASHINGTON AND LAFLER V. COOPER, WHERE HE PROTESTED HIS . INNOCENCE, INVOLUNTARILY REJECTED A PLEA OFFER, AND LATER CLAIMED ACCEPTANCE OF THE LOST PLEA OFFER ABSENT COUNSEL’S MISADVICE? 1

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-16
Reply of petitioner Anthony J. Dannolfo filed. (Distributed)
2019-05-03
Brief of respondent State of Florida in opposition filed.
2019-04-03
Response Requested. (Due May 3, 2019)
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-18
Waiver of right of respondent Mark S. Inch, Sec., FL DOC to respond filed.
2019-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

Anthony J. Dannolfo
Anthony J. Dannolfo — Petitioner
Anthony J. Dannolfo — Petitioner
Mark S. Inch, Sec., FL DOC
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent