No. 19-5293

Frank Le'Dell Owens v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-07-23
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: 6th-amendment compulsory-process constitutional-rights criminal-procedure due-process effective-assistance-of-counsel ineffective-assistance jury-instructions lesser-included-offense pardon-power plea-bargaining right-to-counsel
Latest Conference: 2020-02-21 (distributed 2 times)
Question Presented (from Petition)

The following federal Questions presented below are Certified Questions of
Great Public Importance, of facts and law that falls under the Jurisdiction of this
U.S. Supreme Court, 28 U.S.C. §1254, (2019), because it requires a resolution of
the construction or application of the United States Constitution (federal law):

FIRST federal Certified Question of Great Public Importance, of law and
fact is:
Does pretrial counsel who allows favorable plea offer to
expire during plea process without advising accused of
offer, hold to constitute denial of Effective assistance
Of counsel under 6th U.S. const, amend.?

SECOND federal Certified Question of Great Public Importance, of law and
fact is:
Was constitutional right to compulsory process in
criminal jury trial to have favorable witness testimony
compelled for his defense, held to constitute a denial of
effective assistance of counsel upon failure to investigate
and call potential available witness, 6th U.S.C. const.
Amend.?

THIRD federal Certified Question of Great Public Importance, of law and
fact is:
When Trial Counsel requests an impermissible
permissive lesser included jury instruction, that results to
unconstitutional conviction not supported by the facts
and evidence of the case, does it constitute a denial of
effective assistance of counsel and due process 6th and
14th U.S. const, amend. ?

FOURTH federal Certified Quest of Great Public Importance, of law and
fact:
Was Trial Counsel ineffective for failure to adequately
investigate and present Petitioner's only Defense key
witness under compulsory process, to prepare a defense
my making jury trail, held to constitute effective
assistance of counsel, 6 U.S. const, amend. ?

FIFTH federal Certified Quest of Great Public Importance, of law and fact:
Does the exercise of a Jury 's pardon power, pardoning to
a lesser included offense under 10-20-Life statute in
Florida F.S. §775.087(a), must result n a lesser penalty of
the greater offense under constitutional rights to a fair
criminal jury trial under due process and equal protection
of law, 6th and 14th U.S. const, amend. ?

Question Presented (AI Summary)

Does pretrial counsel's failure to advise accused of favorable plea offer constitute denial of effective assistance of counsel?

Docket Entries

2020-02-24
Rehearing DENIED.
2020-01-22
DISTRIBUTED for Conference of 2/21/2020.
2019-11-01
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2019)

Attorneys

Frank L. Owens
Frank L. Owens — Petitioner