No. 20-1754

Lawrence Joey Smith v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-06-16
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure burden-of-proof certificate-of-appealability circuit-court-review criminal-procedure due-process jury-instructions prosecutorial-argument prosecutorial-misconduct reasonable-doubt
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is it objectionable for a prosecutor to argue to the jury that a lack of evidence does not give rise to a reasonable doubt? 2. Is the Eleventh Circuit correct when it sets up two classes of litigants on issues of certificates of appealability: first, those who take no active role in litigating the Eleventh Circuit’s review of a denial of a COA and second, those who chose to actively highlight one or more specific areas that warrant special attention? The Eleventh Circuit treats the second group as having waived any argument they do not specifically raise even where it is clear the focus on one or more issues does not constitute a waiver by the litigant. 1

Docket Entries

2021-10-04
Petition DENIED.
2021-06-23
DISTRIBUTED for Conference of 9/27/2021.
2021-06-21
Waiver of right of respondent State of Florida to respond filed.
2021-06-03
Petition for a writ of certiorari filed. (Response due July 16, 2021)

Attorneys

Lawrence Smith
Robert R. BerryLaw Office of Robert R. Berry, Petitioner
Robert R. BerryLaw Office of Robert R. Berry, Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent