No. 19-5690

Seth DiSanto v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2019-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: campbell-v-state constitutional-law criminal-procedure due-process ex-post-facto ineffective-assistance ineffective-assistance-of-counsel plea-withdrawal rule-3.172(g) strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the Eleventh Circuit Court of Appeals erred

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the Eleventh Circuit Court of Appeals erred by ruling DiSanto’s lawyer was not OO ‘ineffective by failing to bring to the attention of the trial court parsuant to Rule 3.172(g), Florida . Rules of Criminal Procedure that withdrawal of his plea was mandatory before “formal acceptance of plea” even if his lawyer believed reasonably that the trial court had accepted his plea, contrary to the Strickland v. Washington, standard?! Whether the Eleventh Circuit Court of Appeals erred by ruling that the trail judge’s words were sufficient to constitute formal acceptance of DiSanto’s plea for purposes of Rule 3.172(g) by relying upon the dictates of Campbell v. State, 125 So.3d 733, 740-41 (Fla. 2013) without violating the Ex Post Facto Law of Article 1, section 10, secured through Article 14 of the United States Constitution? i ' Strickland v. Washington, 466 U.S. _, 104 S. Ct. 2052,

Docket Entries

2019-10-15
Petition DENIED.
2019-09-26
Waiver of right of respondent Mark S. Inch to respond filed.
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-09-16
Waiver of right of respondent Mark S. Inch to respond filed.
2019-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2019)

Attorneys

Mark S. Inch
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Seth DiSanto
Seth DiSanto — Petitioner