No. 19-5917

Matthew A. Castro v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-09-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 11th-circuit 5th-amendment 6th-amendment constitutional-rights due-process effective-assistance-of-counsel fact-finding federal-courts fifth-amendment habeas-corpus prosecutorial-misconduct sixth-amendment standard-of-review
Key Terms:
DueProcess CriminalProcedure Securities
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state records and, by failing to substantiate their opinion with decisional law?

Question Presented (OCR Extract)

QUESTION PRESENTED . In denying a certificate of appealability, the United States Court of Appeals for the Eleventh Circuit published a twenty-one (21) page opinion. . One of the issues — IV (f), at p. 14 (“Failure to Object to Prosecutor’s Allusions to Mr. Castro’s Silence”) — involves a violation of the due process clause that was underscored as a result of a violation of the right to effective assistance of counsel. See: Castro v. Sec’y Dept. of Corrections, 2018 U.S. App. LEXIS 27676 (11th Cir. 2018). A second issue — V (a), at p. 16 (“Exclusion of Post-Arrest Statements of Remorse”) — also involves a violation of due process, to the extent that, the omission of the remorseful statements affected the fundamental fairness of the trial. See: Castro v. Sec’y Dept. of Corrections, 2018 U.S. App. LEXIS 27676 (11th Cir. 2018). | The United States Court of Appeal for the Eleventh Circuit, as to the first issue, unreasonably determined the facts of record and, as to the second issue, failed to substantiate a mere speculatory conclusion with any clearly established . case law. _ Consequently, this case presents the following two questions: 1). Whether the United States Court of Appeal for the Eleventh Circuit erred by unreasonably determining the facts based on a misreading of the state records and, by failing to substantiate their opinion with decisional law? 2). Whether Castro’s Constitutional rights, under the 5 and 6" Amendments, to due process of law and effective assistance of counsel were violated.

Docket Entries

2019-10-21
Petition DENIED.
2019-10-03
DISTRIBUTED for Conference of 10/18/2019.
2019-09-26
Waiver of right of respondent Inch, Sec., FL DOC, et al. to respond filed.
2019-04-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2019)
2019-02-14
Application (18A826) granted by Justice Thomas extending the time to file until April 18, 2019.
2019-02-06
Application (18A826) to extend the time to file a petition for a writ of certiorari from February 17, 2019 to April 18, 2019, submitted to Justice Thomas.

Attorneys

Inch, Sec., FL DOC, et al.
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Matthew Castro
Matthew A. Castro — Petitioner
Matthew A. Castro — Petitioner