No. 22-5071

Daniel Toney v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-07-12
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment 6th-amendment circumstantial-evidence due-process evidentiary-hearing fourteenth-amendment habitual-offender ineffective-assistance montgomery sixth-amendment
Key Terms:
DueProcess FourthAmendment HabeasCorpus Privacy
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether Petitioner's 6th and 14th Amendment rights to due process are being violated by denying claims based on assumption and not facts

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question One: if the record reflects similar if not more egregious ; ineffective dssistance by trial counsel. The claim was not refuted at : evidentiary hearing. when compared to Joseph Code v. : Montgomery. Are Petitioner's 6th and 14th Amendment Rights to ‘ due process jbeing violated denying claims based on assumption : and not facts? Question Two: Is it legal or illegal according to the United States Constitution] to sentence someone as a habitual offender without : reasoning on factual findings written or orally on the record. Other ; than the required (2) prior felonies; the last being within (5) years of charged offense? } Question Three When all evidence is purely circumstantial no one has been identified. How can the crime be proved beyond a reasonable chub or the conviction be upheld? Question Four: If the client presents (trial) counsel with alibi, alibi witnesses but trial counsel makes no effort to investigate or call witnesses during trial. Is it in accordance with the 6th Amendment land within the wide range of strategic judgment given to attorney's to advise his client not to testify without presenting his clients version of events or alibi witnesses? , | | ! i i | | |

Docket Entries

2022-10-03
Petition DENIED.
2022-08-25
DISTRIBUTED for Conference of 9/28/2022.
2022-06-02
Application (21A552) granted by Justice Thomas extending the time to file until June 24, 2022.
2022-05-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 11, 2022)
2022-05-20
Application (21A552) to extend further the time from May 25, 2022 to June 24, 2022, submitted to Justice Thomas.
2022-03-25
Application (21A552) granted by Justice Thomas extending the time to file until May 25, 2022.
2022-03-11
Application (21A552) to extend the time to file a petition for a writ of certiorari from April 25, 2022 to June 24, 2022, submitted to Justice Thomas.

Attorneys

Daniel Toney
Daniel J. Toney — Petitioner
Daniel J. Toney — Petitioner