No. 19-7994

David Armondo Butler v. Florida

Lower Court: Florida
Docketed: 2020-03-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adversarial-conflict Confrontation-Clause criminal-procedure Due-Process effective-assistance-of-counsel evidence-preservation Evidentiary-Issues Fourteenth-Amendment ineffective-assistance prior-acts-of-violence prosecutorial-misconduct sixth-amendment sixth-amendment-right-to-counsel strategic-decision video-footage
Key Terms:
Privacy
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Was court-appointed counsel's decision not to seek video footage of alleged victim's prior acts of violence a violation of the Sixth Amendment right to effective assistance of counsel?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED lk Sid courfappointed counsel deprive Petitioner of the Sixth Amendment guarantee fo the effective assistance of counsel in purportedly making a Strategic decision not te seek to obtain video footage of the alleged victim's specific prier gets of violence 7 Zz. bid court-a ointed counsel 5 aet of misleading Petitioner inte believing all efforts te ‘ obtain the vide footage were being made create an adversarial conftict resulting in a construcfive denial of counsel, in violation of the Sixth Amendment 7 3, Under these circumstances, was Petitioner 'g waiver of counsel voluntary under the Sixth and Fourteenth Amendments? 1 p ; F A , oy? “ | ihe prosecution's ailure fo have preserve > titioner's due proces rights violated by +h prosee von : *. we re bduced for the, defense the requested video footage invielation of the Fourteenth Amendment Ks 5. Was Petitioner's due process of law rights violated by the prosecution's introduction as Substantive evidence of gui I} an unauthenticated bYb of the altercation in violation of the Fourteenth Amendment 2 6, Was fetitioner deprived of his right to confrentatien of witnesses by the admi sion of Bvb surveillance evidence Via the investigating defective who testified the alleged victim +old him the acte depicted therein were how he sustained his injuries ina hospital internew in violation 2 SK mendment 7 ;

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-04-16
Waiver of right of respondent Florida to respond filed.
2020-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2020)

Attorneys

David A. Butler
David Armondo Butler — Petitioner
David Armondo Butler — Petitioner
Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent