No. 22-5510

Ronald Lebed, Sr. v. Florida

Lower Court: Florida
Docketed: 2022-09-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights fourteenth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct search-and-seizure sixth-amendment
Key Terms:
Privacy
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Whether the Fifth District Court of Appeal violated the petitioner's Fourth, Sixth and Fourteenth Amendment rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Ineffective Assistance Of Counsel For Failing To Object To The Illegal Search And Seizure In Express Or Direct Conflict With Sanchez v. State, 141 So.3d 1281 (Fla. 2d DCA 2014) and State v. Raab, 920 So.2d 1175 (Fla. 4th DCA 2006)? Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Ineffective Assistance Of Counsel For Failing To Object To The No-Knock And Announce In Express Or Direct Conflict With Benefield v. State, 160 So.2d 706 (Fla. 1964) and Soto v. State, 75 So.3d 296 (Fla. 3d DCA 2011)? Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Ineffective Assistance Of Counsel For Failing To Object To The Fabrication Of Evidence Or Present Evidence Of The Fabrication Of Evidence In Express Or Direct Conflict With U.S. v. Stone, 960 F.2d 426, 436 (Sth Cir. 1992) and Hernandez v. State, 919 So.2d 707, 710 (Fla. Sth DCA 2006)? Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Ineffective Assistance Of Counsel For Failing To Object To Misstatements Or Present Any Evidence To Impeach Or Perjure State Witnesses In Direct Or Express Conflict With McMann v. Richardson, 397 U.S. 759, 90 S.Ct. 1441, 25 L-Ed.2d 763 (1970) and Lee v. State, 899 So.2d 348 (Fla. 2d DCA 2005)? ‘ Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Ineffective Assistance Of Counsel For Failing To Diligently Investigate And Present Exculpatory Evidence In Direct Or Express Conflict With Crandell v. Bunnell, 144 F.3d 1213 (9th Cir. 1998) and Lee v. State, 899 So.2d 348 (Fla. 2d DCA 2005)? Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Ineffective Assistance Of Counsel For Cumulative Errors And Oversights In Direct Or Express Conflict With Hurst _v. State, 18 So.3d 925, 1015 (Fla. 2009) and Campbell v. State, 247 So.3d 102 (Fla. 2d DCA 2018)? Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Prosecutorial Misconduct In Direct Or Expressed Conflict With Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) and Giglio v. U.S., 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972)? Whether The Fifth District Court Of Appeal Violated The Petitioner's Fourth, Sixth And Fourteenth Amendments Rights By Denying The Claim Of Abuse Of Discretion In Direct Or Expressed Conflict With Pagan v. State, 830 So.2d 792, 806 (Fla. 2002); Salyers y. State, 920 So.2d 747 (Fla. 5th DCA 2006); Nelson v. State, 274 So.2d 256, 258 (Fla. 4th DCA 1973); Carpenter v. U.S., 138 S.Ct. 2206, 201 L.Ed.2d 507 (2018); and Perez v. State, 128 So.3d 223, 226 (Fla. 2d DCA 2013)?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-10-06
Waiver of right of respondent Florida to respond filed.
2022-07-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2022)

Attorneys

Florida
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent
Ronald Lebed
Ronald Lebed Sr. — Petitioner
Ronald Lebed Sr. — Petitioner