No. 20-5719

Efrain Camarill Cruz v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-09-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability double-jeopardy federal-jurisdiction guilty-plea habeas habeas-corpus ineffective-assistance mental-illness plea-bargaining
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2020-10-16
Question Presented (AI Summary)

Whether the court of appeals improperly denied the Petitioner a certificate of appealability

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his federal habeas claims that (1) constitutional double jeopardy principles prohibit the Petitioner from being convicted/sentenced for both a section 847.0135(3)(a), Florida Statutes, violation and a section 847.0135(4)(a), Florida Statutes, violation and (2) in light of his mental illness, the Petitioner was not able to fully comprehend his guilty plea and therefore the plea was involuntary (or, alternatively, defense counsel rendered ineffective assistance of counsel by failing to properly evaluate and argue that the Petitioner was incompetent to enter a guilty plea). il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii

Docket Entries

2020-10-19
Petition DENIED.
2020-10-01
DISTRIBUTED for Conference of 10/16/2020.
2020-09-25
Waiver of right of respondent Mark S. Inch, Secretary, Florida Department of Corrections to respond filed.
2020-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2020)

Attorneys

Efrain Camarill Cruz
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Mark S. Inch, Secretary, Florida Department of Corrections
Pamela J. KollerOffice of the Attorney General, Respondent