Luckner Pierre v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
DueProcess CriminalProcedure
whether-the-u.s.-court-of-appeal-for-the-11th-circuit-denied-the-petitioner-his-procedural-due-process-right-and-access-to-court
QUESTION(S) PRESENTED ; 1. Whether the U.S. Court of Appeal for the 11" Circuit denied the Petitioner his Procedural Due Process Right and access to Court when it declined to grant him C.O.A. so the denial decision of the U.S. District Court for the Southern District could be reviewed on appeal? 2. Whether the Petitioner as a mentally retarded person with barely a 3“ grade education, who speaks no English, was competent enough to knowingly and intelligently waive his Miranda warning to remain silent and to have counsel present during police interrogation without the assistance of a certified Creole interpreter? . 3. Whether the Petitioner as a mentally retarded person who speaks no English was competent enough to knowingly and intelligently waive his right to testify on his own behalf without the assistance of a certified Creole interpreter? 4. Whether the Petitioner as a mentally retarded person who speaks no English but only Creole was competent enough to knowingly and intelligently waive his right to a jury trial without the assistance of a certified Creole interpreter? 5. Whether the Petitioner as a mentally retarded person who speaks no English was competent enough to knowingly and intelligently reject a favorable plea without the assistance of a certified Creole interpreter. ii [ed os