No. 20-7275

Alvin Herron v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-02-26
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability confrontation-clause criminal-procedure due-process hearsay ineffective-assistance ineffective-assistance-of-counsel interrogation prior-record sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2021-04-16
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 claim that his counsel rendered ineffective assistance of counsel by failing to object to the introduction of the unredacted recording of the Petitioner’s interrogation, which resulted in the jury hearing (1) that the Petitioner had a prior record involving possession of a firearm and illegal drug activity; (2) that “people” had placed the Petitioner at the scene of the murder holding a gun (ie., hearsay testimony that violated the Petitioner’s Confrontation Clause rights); and (3) the interrogating officer’s repeated opinion that the Petitioner was lying when he asserted his innocence. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii

Docket Entries

2021-04-19
Petition DENIED.
2021-03-25
DISTRIBUTED for Conference of 4/16/2021.
2021-03-22
Waiver of right of respondent State of Florida to respond filed.
2021-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2021)

Attorneys

Alvin Herron
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent