No. 21-8137

David Lee Green v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-06-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2253 certificate-of-appealability criminal-procedure entrapment ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell reasonable-jurists sixth-amendment strategic-decision undercover-operation
Key Terms:
HabeasCorpus
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether an attorney's decision to forego a viable defense can be considered 'strategic' if the attorney misunderstood the law

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that his ineffective assistance of counsel claim — and specifically — whether an attorney’s decision to forego presenting a viable defense (in this case entrapment) can ever be considered “strategic” if the attorney misunderstood the law regarding the defense. 2. Whether the court of appeals improperly applied the “reasonable jurists could debate” certificate of appealability standard articulated by the Court in Miller-El v. Cockrell, 537 U.S. 322 (2008). il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii

Docket Entries

2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-21
Waiver of right of respondent Ricky D. Dixon, Secretary, Florida Department of Corrections to respond filed.
2022-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 14, 2022)
2022-04-29
Application (21A659) granted by Justice Thomas extending the time to file until June 10, 2022.
2022-04-22
Application (21A659) to extend the time to file a petition for a writ of certiorari from May 11, 2022 to June 10, 2022, submitted to Justice Thomas.

Attorneys

David Lee Green
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner
Ricky D. Dixon, Secretary, Florida Department of Corrections
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent