No. 20-6502

Sean P. Reilly v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2020-12-02
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: 2254-petition federal-habeas habeas habeas-corpus ineffective-assistance martinez-rule martinez-v-ryan post-conviction post-conviction-relief trial-counsel trial-counsel-claim
Key Terms:
HabeasCorpus
Latest Conference: 2021-01-15
Question Presented (AI Summary)

Does a federal habeas petitioner forfeit his or her opportunity to invoke Martinez v. Ryan, 182 S. Ct. 1309 (2012), and bring forth an otherwise unexhausted ineffective assistance of trial counsel claims in a § 2254 petition, where the Petitioner initially raised the claim in a state post-conviction motion, but appointed post-conviction counsel later abandoned the claim over the petitioner's express objection?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Does a federal habeas petitioner forfeit his or her opportunity to invoke Martinez v. Ryan, 182 S. Ct. 1309 (2012), and bring forth an otherwise unexhausted ineffective assistance of trial counsel claims in a § 2254 petition, where the Petitioner initially raised the claim in a state post-conviction motion, but appointed postconviction counsel later abandoned the claim over the petitioner’s express objection? ii

Docket Entries

2021-01-19
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-18
Waiver of right of respondent State of Florida to respond filed.
2020-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)

Attorneys

Sean P. Reilly
Sean Patrick. Reilly — Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent