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
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2020-02-21 (distributed 2 times)
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 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 6" 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, 6" U.S.C. const. Amend.? i 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 6" and 14" 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, 6" and 14°_ULS. const. amend. ? li

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
Frank L. Owens — Petitioner