No. 19-8647

Martin Diez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-06-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2254 brady-disclosure brady-v-maryland cone-v-bell due-process federal-review habeas-corpus ineffective-assistance prosecutorial-misconduct strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Where the state courts did not address Petitioner's claim that the prosecution failed to disclose certain evidence under Brady v. Maryland, 373 U.S. 83 (1963), but nonetheless decided that trial counsel's failure to undercover the same evidence did not prejudice Petitioner under Strickland v. Washington, 466 U.S. 668 (1984), must a federal court considering a 28 U.S.C. § 2254 habeas corpus petition review the Brady issue de novo under Cone v. Bell, 556 U.S. 449 (2009), or does the deference standard in 28 U.S.C. § 2254(d) apply?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Where the state courts did not address Petitioner’s claim that the prosecution failed to disclose certain evidence under Brady v. Maryland, 373 U.S. 83 (1963), but nonetheless decided that trial counsel’s failure to undercover the same evidence did not prejudice Petitioner under Strickland v. Washington, 466 U.S. 668 (1984), must a federal court considering a 28 U.S.C. § 2254 habeas corpus petition review the Brady issue de novo under Cone v. Bell, 556 U.S. 449 (2009), or does the deference standard in 28 U.S.C. § 2254(d) apply? i INTERESTED PARTIES There are no

Docket Entries

2020-10-05
Petition DENIED.
2020-07-16
DISTRIBUTED for Conference of 9/29/2020.
2020-07-09
Waiver of right of respondent Florida Department of Corrections to respond filed.
2020-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2020)

Attorneys

Florida Department of Corrections
Celia A. Terenzio — Respondent
Martin Diez
Janice L. BergmannFederal Public Defender's Office, Petitioner