No. 20-6796

Simon A. Sanchez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-01-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-procedure deadly-weapon due-process fair-trial ineffective-assistance-of-counsel jury-instructions
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-04-23 (distributed 2 times)
Question Presented (AI Summary)

Whether Trial Counsel failure to object a factual withholding with Guilty modifications in two (Pharenteticals) of Jury instructions, prevented Juror's factual assessment that a piece of BB gun 'was' or 'was not' deadly weapon as additional charged offense, violated Sanchez Fair Trial and due process rights

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ~ Whether Trial Counsel failure to object a factual withholding with Guilty modifications in two (Pharenteticals) of Jury instructions, prevented Juror's factual assessment that a piece of BB gun “was” or “was not” deadly weapon as additional charged offense, violated Sanchez Fair Trial and due process rights. . TWO Whether the Circuit Court below exceeded the limited scope of COA Analysis, in — finding additional non-disputed claims to decide the merits of the case first, rather than focus on a debatable inquiry only. 4

Docket Entries

2021-04-26
Rehearing DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-03-17
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent State of Florida to respond filed.
2020-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2021)

Attorneys

Simon A. Sanchez
Simon A. Sanchez — Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent