No. 21-5155

Michael Wayne Shellito v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review certificate-of-appealability constitutional-claims federal-courts habeas-corpus judicial-discretion postconviction-proceedings standard-of-review
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the petitioner has demonstrated that jurists of reason could disagree with the federal courts' resolution of his constitutional claims or that such jurists could conclude that the issues presented are adequate to deserve encouragement to proceed further, thereby entitling petitioner to the issuance of a COA?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether the petitioner has demonstrated that jurists of reason could disagree with the federal courts’ resolution of his constitutional claims or that such jurists could conclude that the issues presented are adequate to deserve encouragement to proceed further, thereby entitling petitioner to the issuance of a COA? i NOTICE OF RELATED CASES Per Supreme Court Rule 14.1(b) (iii), the following cases relate to this petition: Underlying Trial: Circuit Court of Duval County, Florida State of Florida v. Michael Wayne Shellito, Case No. 95-1449 CF Judgement Entered July 21, 1995 Appellate Proceedings: Florida Supreme Court (Case No. 60-86, 931) Shellito v. State, 701 So. 2d 837 (Fla. 1997) Conviction and Sentence Affirmed: September 11, 1997 Petition for Writ of Certiorari: United States Supreme Court Shellito v. Florida, 118 S.Ct. 1537 (1998) Certiorari Denied: April 20, 1998 Initial Postconviction Proceedings: Circuit Court of Marion County, Florida State of Florida v. Michael Wayne Shellito, Case No. 95-1449 CF Judgement Entered August 12, 2010 (denying motion) Appellate Proceedings: Florida Supreme Court (Case No. SC10-2043) Shellito v. State, 121 So. 3d 445 (Fla. 2013) Affirmed: July 3, 2013 Appellate Proceedings: Eleventh Circuit Court of Appeals (Case No. 20-13981) Shellito v. Sec’y, Dept. of Corrs. Order Denying COA: March 2, 2021 ii

Docket Entries

2021-10-04
Petition DENIED.
2021-08-12
DISTRIBUTED for Conference of 9/27/2021.
2021-08-06
Waiver of right of respondent State of Florida to respond filed.
2021-07-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2021)

Attorneys

Michael Shellito
Martin J. McClainLaw Office of Martin J. McClain, Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent