No. 18-9293

Eugene Cooper v. Florida

Lower Court: Florida
Docketed: 2019-05-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion constitutional-rights due-process evidentiary-hearing federal-constitutional-rights newly-discovered-evidence postconviction-relief right-to-counsel trial-court-discretion
Key Terms:
DueProcess
Latest Conference: 2019-06-13
Question Presented (AI Summary)

Whether the trial court erred and abused its discretion in denying Mr. Cooper's 3.850 (b) (1) Motion for Postconviction relief based on Newly Discovered Evidence, violating his Federal Constitutional Rights to Due Process

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether the trial court erred and abused its discretion in denying Mr. Cooper’s 3.850 (b) (1)Motion for Postconviction : relief based on Newly Discovered Evidence, violating his Federal Constitutional Rights to Due Process. 2. Whether the trial court erred and abused its discretion in denying Mr. Cooper an evidentiary hearing on his Motion for Postconviction relief based on Newly Discovered Evidence, violating his Federal Constitutional Rights to Due Process, where he did not receive a full and fair opportunity to present his claim. 3. Whether the trial court erred and abused its discretion in~ ; not appointing Mr. Cooper counsel to assist him in presenting his complex Newly Discovered Evidence claim, violating his Federal Constitutional Rights to Due Process, where he did not receive a full and fair opportunity to present his claim. © 4. Whether the Fourth District Court of Appeal erred and abused its discretion in denying Mr. Cooper’s complex Newly Discovered Evidence claim without holding an evidentiary hearing, : violating his Federal Constitutional Rights to Due Process, where he did not receive a full and fair opportunity to present his claim. 5. Whether the numerous Due Process Violations, individually and/or collectively, irreparably denied Mr. Cooper his right to a full and fair opportunity to present his complex Newly ‘ Discovered Evidence claim. \ eB,

Docket Entries

2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-23
Waiver of right of respondent Florida to respond filed.
2019-05-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2019)

Attorneys

Eugene Cooper
Eugene Cooper — Petitioner
Eugene Cooper — Petitioner
Florida
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent