No. 19-8925

Robert T. Lundberg v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2020-07-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: aedpa expectation-of-privacy fourth-amendment ineffective-assistance ineffective-assistance-of-counsel katz-expectation-of-privacy katz-v-united-states police-interrogation strickland-standard strickland-v-washington
Key Terms:
FourthAmendment DueProcess FifthAmendment HabeasCorpus Punishment Securities Privacy
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Should the decision in Lundberg v. State be entitled to deference under AEDPA?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Should the decision in Lundberg v. State, 127 So.3d. 562 (Fla. 4" DCA 2012), be entitled to deference by the federal courts pursuant to the Anti-Terrorism and Effective Death Penalty Act (AEDPA), where the Florida courts 1) arbitrarily denied the Petitioner a full and fair opportunity to establish, pursuant to Katz v. United States, 389 U.S. 347 (1967), a viable Fourth Amendment claim that a police agent deliberately created an expectation of privacy in an interview room of a police station, thus inducing a surreptitiously recorded conversation that ultimately became an incriminating feature of the Petitioner’s trial; and 2) erroneously held that his trial counsel was not ineffective under Strickland v. Washington, 466 U.S. 668 (1984) for failing to investigate and litigate the issue? i INTERESTED PARTIES There are no known parties with an interest in this proceeding, other than the petitioner named in the caption of this case. ii

Docket Entries

2020-10-05
Petition DENIED.
2020-07-23
DISTRIBUTED for Conference of 9/29/2020.
2020-07-20
Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
2020-06-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 7, 2020)

Attorneys

Robert Lundberg
Reginald Anthony Moss Jr.The Tony Moss Firm, L.L.C., Petitioner
Reginald Anthony Moss Jr.The Tony Moss Firm, L.L.C., Petitioner
Secretary, Florida Department of Corrections
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent