No. 20-8442

Luckner Pierre v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-06-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-to-court certificate-of-appealability civil-procedure due-process language-assistance language-barrier mental-competency miranda-rights procedural-due-process standing waiver-of-rights
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2021-09-27
Question Presented (AI Summary)

whether-the-u.s.-court-of-appeal-for-the-11th-circuit-denied-the-petitioner-his-procedural-due-process-right-and-access-to-court

Question Presented (OCR Extract)

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

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-06
Waiver of right of respondent Inch, Sec., FL DOC, et al. to respond filed.
2021-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2021)

Attorneys

Inch, Sec., FL DOC, et al.
Celia A. Terenzio — Respondent
Luckner Pierre
Luckner Pierre — Petitioner