No. 22-6387

Kenakil Gibson v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-12-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process fair-presentation federal-claim federal-jurisdiction habeas-corpus jackson-standard procedural-default standing state-court state-court-proceedings
Key Terms:
HabeasCorpus
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Does state prisoner fairly present federal nature of his claim on direct appeal

Question Presented (OCR Extract)

QUESTIONS PRESENTED ¢ Does state prisoner “fairly present” federal nature of his claim on direct appeal where he cites to a lone Florida Supreme Court case that cites to, and was decided on, federal grounds? e Where state and federal claims share the same legal standard, has a federal claim been “fairly presented” when the state court necessarily rejects the federal claim in ruling on the state claim? ¢ Does claim, where state and federal law share identity, “fairly present” the federal nature of a state-law claim when state court must naturally use the standard set forth in Jackson v. Virginia, 443 U.S. 307 (1979) in order to adjudicate the claim? ; ‘ ii

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-12
Waiver of right of respondent Ricky D. Dixon to respond filed.
2022-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 23, 2023)

Attorneys

Kenakil Gibson
Kenakil Gibson — Petitioner
Kenakil Gibson — Petitioner
Ricky D. Dixon
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent