No. 22-491

Raymond Delgado v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-11-23
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: criminal-procedure custodial-interrogation fifth-amendment ineffective-assistance miranda-rights miranda-v-arizona motion-to-suppress right-to-counsel right-to-remain-silent sixth-amendment suppression-of-confession
Key Terms:
HabeasCorpus CriminalProcedure
Latest Conference: 2023-01-13
Question Presented (AI Summary)

Whether Delgado was denied effective assistance of counsel

Question Presented (OCR Extract)

QUESTION PRESENTED Whether Delgado was denied effective assistance of counsel by his counsel’s failure to file a motion to suppress his confession given in response to custodial questioning by Detective Martin, and had counsel explained that this confession was subject to suppression Delgado would have insisted on filing a motion to suppress and would not have pled guilty; Delgado would have been entitled to suppression of his confession based on his Fifth and Sixth Amendment right to counsel and right to remain silent and Miranda v. Arizona.

Docket Entries

2023-01-17
Petition DENIED.
2022-12-28
DISTRIBUTED for Conference of 1/13/2023.
2022-12-22
Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
2022-11-21
Petition for a writ of certiorari filed. (Response due December 23, 2022)

Attorneys

Raymond Delgado
William Mallory KentKent & McFarland, Petitioner
William Mallory KentKent & McFarland, Petitioner
Secretary, Florida Department of Corrections
Kaylee Danielle TatmanOffice of the Attorney General, Respondent
Kaylee Danielle TatmanOffice of the Attorney General, Respondent