No. 19-6918

Michael Wade Nance v. Benjamin Ford, Warden

Lower Court: Eleventh Circuit
Docketed: 2019-12-12
Status: Denied
Type: IFP
IFP
Tags: capital-punishment capital-sentencing circuit-split constitutional-rights habeas-corpus ineffective-assistance-of-counsel mitigation-strategy record-evidence strickland-v-washington stun-belt trial-counsel
Key Terms:
DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether courts must consider the record evidence in determining the reasonableness of trial counsel's actions, or can deem them strategic and reasonable without such consideration

Question Presented (OCR Extract)

question presented is: Are courts permitted to deem trial counsel’s omissions strategic and reasonable without consideration of the record, as the Eleventh Circuit did here, or must a court instead look to the record evidence in determining the reasonableness of trial counsel’s actions, as the Second, Fifth, Seventh, Eighth, Ninth, and D.C. Circuits have all held? 2. The State used a 50,000-volt, remote-activated stun belt to restrain Mr. Nance throughout his entire capital trial, though no particularized security risk justified its use. Mr. Nance made clear to the court that the belt interfered with his ability to confer with counsel and participate in his trial. The court nonetheless permitted the State to use the stun belt—not because the judge found a particularized need for it, but instead because he decided “to really leave that up to the sheriff's department to make that decision.” The question presented is: Has this Court clearly established a general principle that stateimposed courtroom practices that prejudice a capital defendant’s constitutional trial rights must be justified by an essential state interest? i

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-26
Reply of petitioner Michael Wade Nance filed. (Distributed)
2020-02-12
Brief of respondent Benjamin Ford in opposition filed. (2/19/2020).
2019-12-27
Motion to extend the time to file a response is granted and the time is extended to and including February 12, 2020.
2019-12-20
Motion to extend the time to file a response from January 13, 2020 to February 12, 2020, submitted to The Clerk.
2019-12-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2020)
2019-09-25
Application (19A339) granted by Justice Thomas extending the time to file until December 8, 2019.
2019-09-20
Application (19A339) to extend the time to file a petition for a writ of certiorari from October 9, 2019 to December 8, 2019, submitted to Justice Thomas.

Attorneys

Benjamin Ford
Clint Christopher MalcolmGeorgia Department of Law, Respondent
Clint Christopher MalcolmGeorgia Department of Law, Respondent
Michael Wade Nance
Vanessa Judith CarrollGeorgia Resource Center, Petitioner
Vanessa Judith CarrollGeorgia Resource Center, Petitioner