No. 19-7564

In Re Michael Dewayne Seibert

Lower Court: N/A
Docketed: 2020-02-06
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure death-penalty-case due-process fraud-on-court fraud-on-the-court habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel jurisdiction jurisdiction-challenge pro-se-representation resentencing resentencing-hearing void-judgment
Key Terms:
DueProcess
Latest Conference: 2020-02-28
Question Presented (AI Summary)

Can a defendant raise a claim of fraud on the court pro se when their counsel refuses to do so?

Question Presented (OCR Extract)

QUESTION PRESENTED When a defendant is represented by counsel, who refuses to raise a substantial meritorious claim of fraud on the court, and therefore defendant’s conviction & sentence is null and void and therefore the trial court lacks jurisdiction to hold a resentencing hearing, Can a defendant then raise the claim pro se? PARTIES TO THE PROCEDURE BELOW This petition stems from a resentencing hearing pursuant to Hurst v. Florida. Mr. Seibert is facing a potential death sentence and is currently in the custody of Daniel Junior, Miami Dade PTDC. iv

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2019-12-05
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Michael Dwayne Seibert
Michael Seibert — Petitioner
Michael Seibert — Petitioner