No. 22-5024

Jerod Rodriguez v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-07-05
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: certificate-of-appealability criminal-procedure guilty-verdict ineffective-assistance ineffective-assistance-of-counsel miller-el-v-cockrell mistrial postconviction-relief prejudice-prong reasonable-jurists sixth-amendment strickland-standard
Key Terms:
HabeasCorpus
Latest Conference: 2022-11-04 (distributed 2 times)
Question Presented (AI Summary)

whether-strickland-prejudice-prong-established

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the prejudice prong set forth in Strickland v. Washington, 466 U.S. 668 (1984), is established if a can demonstrate that a mistrial would have been granted by the trial court had defense counsel properly moved for a mistrial (i.e., the result of the proceeding would have been different, because the trial would have ended in a mistrial rather than a guilty verdict). 2. Whether the court of appeals in this case 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

2022-11-07
Petition DENIED.
2022-10-24
Reply of petitioner Jerod Rodriguez filed. (Distributed)
2022-10-20
DISTRIBUTED for Conference of 11/4/2022.
2022-10-03
Brief of respondent Ricky D. Dixon, Secretary, Florida Department of Corrections in opposition filed.
2022-09-01
Motion to extend the time to file a response is granted and the time is extended to and including October 7, 2022.
2022-08-31
Motion to extend the time to file a response from September 7, 2022 to October 7, 2022, submitted to The Clerk.
2022-08-08
Response Requested. (Due September 7, 2022)
2022-08-04
DISTRIBUTED for Conference of 9/28/2022.
2022-08-02
Waiver of right of respondent Ricky D. Dixon, Secretary, Florida Department of Corrections to respond filed.
2022-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2022)
2022-06-15
Application (21A706) denied by Justice Thomas.
2022-06-08
Application (21A706) to extend further the time from June 28, 2022 to July 13, 2022, submitted to Justice Thomas.
2022-05-11
Application (21A706) granted by Justice Thomas extending the time to file until June 28, 2022.
2022-05-05
Application (21A706) to extend the time to file a petition for a writ of certiorari from May 29, 2022 to June 28, 2022, submitted to Justice Thomas.

Attorneys

Jerod Rodriguez
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
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent