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