No. 18-9015

Diego Rodrigo Perea v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-04-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability confrontation-clause constructive-denial criminal-procedure cross-examination due-process habeas-corpus ineffective-assistance-of-counsel right-to-counsel sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Was the State Court's rejection of the Petitioner's claim that he was constructively denied the assistance of counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED : 7 | 1. Was the State Court’s rejection of the Petitioner’s claim that he was , constructively denied the assistance of counsel, when the State Court failed : ; . fo provide the Petitioner an instantaneous means of communicating with . a Trial Counsel, while Trial Counsel was conducting cfoss-examination of a : child witness in a separate room, contrary to or an unreasonable application . : of clearly established federal law as determined by this Court? (issue One) _ * _ 2. Did the Eleventh Circuit err in denying the Petitioner a Certificate of Appealability on the issue of whether the Petitioner was constructively denied the assistance of counsel? (Issue One) 3. Was the Petitioners Right to Due Process violated when, without his knowledge or approval, his attorney waived his presence at a pretrial hearing that he had a right to attend? (Issue Two) ; ;

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-08
Waiver of right of respondents Inch, Sec., FL DOC, et al. to respond filed.
2019-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 28, 2019)

Attorneys

Diego R. Perea
Diego R. Perea — Petitioner
Diego R. Perea — Petitioner
Inch, Sec., FL DOC, et al.
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent