No. 19-5566

Reilies Wayne Miller v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: chapman-v-california closing-arguments darden-v-wainwright due-process expert-witness fourteenth-amendment harmless-error jury-instruction jury-instructions self-defense sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Consistent with the Fourteenth Amendment and Chapman v. California, could the harmless error analysis applied by the State as to the self-defense jury instruction been improperly and incorrectly applied?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW 1. Consistent with the Fourteenth Amendment and Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) could the harmless error analysis applied by the State as to the self-defense jury instruction been improperly and incorrectly applied? 2. Could a claim be considered exhausted even though it did not specifically cite a federal question? 3. Consistent with the Fourteenth Amendment, Sixth Amendment, and Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. 2464, 2471, 91 L.Ed.2d 144 (1986), did the Middle District Court and consequently the Eleventh Circuit for the United States District Court and United States Appellate Court respectively misapplied the law and facts to the issue of prejudicial misconduct during closing arguments? 4. Consistent with the Fourteenth Amendment and Sixth Amendment did the Middle District Court and consequently the Eleventh Circuit for the United States District Court and United States Appellate Court respectively . misapplied the law and facts to the issue of allowing the defense’s expert witness to testify? 5. Consistent with the Fourteenth Amendment and Sixth Amendment did the Middle District Court and consequently the Eleventh Circuit for the United States District Court and United States Appellate Court respectively misapplied the law and facts to the issue of exclude evidence of the victims drug withdrawals that caused him to act aggressively? 2 PARTIES WHOSE JUDGMENT IS SOUGHT TO BE REVIEWED AND

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-09-05
Waiver of right of respondent Inch, Sec., FL DOC, et al. to respond filed.
2019-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2019)

Attorneys

Inch, Sec., FL DOC, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Reilies W. Miller
Reilies Wayne Miller — Petitioner