No. 19-6669

Donnie Berry v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2019-11-19
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: affidavit-or-declaration appeals civil-rights costs due-process habeas in-forma-pauperis ineffective-assistance-of-counsel poverty redress security sixth-amendment
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether the Eleventh Circuit erred in denying habeas relief on petitioner's claim of ineffective assistance of counsel

Question Presented (OCR Extract)

No question identified. : forma pauperis. DATED this November 13, 2019. Respectfully submitted, KENT & McFARLAND ATTORNEYS AT LAW s/William Mallory Kent WILLIAM MALLORY KENT Florida Bar No. 0260738 24 North Market Street Suite 300 Jacksonville, Florida 32202 (904) 398-8000 Telephone (904) 348-3124 Facsimile ATTORNEY FOR PETITIONER AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Donnie err at __, am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress. your spouse es in te the ¢ rag = m : \ J ived from each of d tS; U 5 ou before C ti | S Income source Average monthly amount during Amount expected the past 12 months next month You Spouse You Spouse Employment $_() $__( p) $ © $ O __ -) Self-employment $__() $ C) $_( > = eC Income from real property a >a $C) $ CD s CO (such as rental income) . Interest and dividends $ © $ es $ $ OO ) Gifts s(O sO sO _ sO Alimony sO ¢s © s™m sO _ Child Support $ S $ © ¢_ (> — $ © Retirement (such as social $ (> $ { : ) a ) $_ © security, pensions, annuities, insurance) : Disability (such as social $ — ¢$ MO 8s _© sO security, insurance payments) Unemployment payments s (> s_O_ g_C sO Public-assistance $ © $__ © $_ © $_C) (such as welfare) Other (specify): $. = _ s ©) sO _ sO Total monthly income: $ © $ C7 sO | s() RECEIVED NEW RIVER WORK cAMP BY! tailing 2. List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay N Employment ; Mia a —_ War ¢ —_— _ —_—_ $ ee 3. List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment $. $ —_— _ —_—_f $f 4 4. How much cash do you and your spouse have? gs OO Below, state any money you or your spouse have in bank accounts or in any other financial institution. Type of account (e.g., checking or savings) © Amount you have Amount your spouse has $ $ i Sg 7) a 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. OHome ., CO Other real estate Value A Value ~ e/a C Motor Vehicle #1 , / O Motor Vehicle #2 i Year, make & model fA Year, make & model uv @ Value bef A Value wll O Other assets Description N é Value 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or Amount owed to you Amount owed to your spouse your spouse money © gs s_() s_ 0 s_O so s C7 7. State the persons who rely on you or your spouse for support. For minor children, list initials instead of names (e.g. “J.S.” instead of “John Smith”). Name Relationship Age 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or annually to show the monthly rate. You Your spouse Rent or home-mortgage payment O (include lot rented for mobile home) WU/; At $. $_L* Are real estate taxes included? ( Yes‘ 1 No Is property insurance included? 0 wy, 0) No Utilities (electricity, heating fuel, O water, sewer, and telephone) OO $= Home maintenance (repairs and upkeep) sO sO Food sO $. O Clothing OO OO Laundry and dry-cleaning ~O sO Medical and dental expenses —<O sO You Your spouse Transportation (not including motor vehicle payments) _$. O $. O Recreation, entertainment, newspapers, magazines, etc. s OO] Insurance (not deducted from wages or included in mortgage i Homeowner's or renter’s $__ s O Life sf O_ ___ sO Health ~_O $. 2) LO) Motor Vehicle s (2) $s Other; 3; O <O Taxes (not deducted from wages or included in mortgage Parmer (specify); $e sO Installment payments Motor Ve

Docket Entries

2020-01-13
Petition DENIED.
2019-12-12
DISTRIBUTED for Conference of 1/10/2020.
2019-12-05
Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
2019-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2019)

Attorneys

Donnie Berry
William Mallory KentKent & McFarland, Petitioner
William Mallory KentKent & McFarland, Petitioner
Secretary, Florida Department of Corrections
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent