No. 20-8266

Eric Lucas v. Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-06-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment
Key Terms:
Takings DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether Petitioner's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Whether Petitioner’s Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated When The State’s Motions To Allow Hearsay Evidence To Be Admitted During Petitioner’s State Jury Trial Was Granted Over Objection. Whether The Prosecution Violated Petitioner’s Constitutional Rights Under The 5t» And 14th Amendments By Multiple Improper Statements Made During Trial Where Those Statements Advised, Encouraged And Led The Jury To Convict Petitioner Based Upon Proof Less Than That Beyond A Reasonable Doubt Whether Trial Counsel’s Performance Fell Below The Standard Of The Sixth Amendment To The U.S. Constitution For Failing To Consult And/Or Hire An Expert Witness In The Area Of Eye Injuries (Ophthalmologist) To Rebut The State’s Claim Of Permanent Damage As An Element Of : Aggravated Battery. Whether Trial Counsel’s Performance Fell Below The Standard Of The Sixth Amendment To The U.S. Constitution For Allowing The Prosecution To Present An Out-Of-Court Statement Without Objection As To The Authentication Of The Identity Of The Speakers? Whether Trial Counsel’s Performance Fell Below The Standard Of The Sixth Amendment To The U.S. Constitution For Failing To Utilize A Police Report To Impeach The Victim Regarding Inconsistent Statements On A Critical Issue In The Case, The Defendant’s Identity. Whether Trial Counsel’s Performance Fell Below The Standard Of The Sixth Amendment To The U.S. Constitution For Failing To Present A Available Viable Alibi Defense. i

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 Florida Department of Corrections, et al. to respond filed.
2021-05-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2021)

Attorneys

Eric Lucas
Eric Lucas — Petitioner
Eric Lucas — Petitioner
Florida Department of Corrections, et al.
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent