No. 20-8042

Jorge Cervantes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-05-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process evidentiary-hearing fact-finding federal-habeas habeas-corpus ineffective-assistance judicial-review legal-determination postconviction-relief standard-of-review state-court-findings strickland
Key Terms:
Securities
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Did the trial court use the incorrect standard to review the issues and thus incorrectly apply the fact to the law under Strickland?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Did the trial court use the incorrect standard to review the issues and thus incorrectly apply the fact to the law under Strickland? 2. Is the court’s decision then both “contrary to” or involves an unreasonable application of clearly established federal law, as determined by the United States Supreme Court? 3. Was the state court decision based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding? 4. Is the state court’s failure to make the requisite findings of fact and law sufficient reason to hold a federal evidentiary hearing?

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-16
Waiver of right of respondent Mark S. Inch to respond filed.
2021-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2021)

Attorneys

Jorge Cervantes
Jorge Cervantes — Petitioner
Jorge Cervantes — Petitioner
Mark S. Inch
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent