No. 22-6868

Billy Leon Kearse v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-02-27
Status: Denied
Type: IFP
IFP
Tags: counsel-performance due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel reasonable-strategy sixth-amendment strickland-standard strickland-v-washington
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2023-04-28
Question Presented (AI Summary)

Whether the Eleventh Circuit's analysis of ineffective-assistance-of-counsel claims fails to protect the Sixth-Amendment-right-to-effective-assistance-of-counsel and the Fourteenth-Amendment-right-to-due-process announced in Strickland-v-Washington, when it denies relief based on assertions of 'strategy' without considering whether that purported strategy was reasonable

Question Presented (OCR Extract)

question presented in this case is: Whether the Eleventh Circuit’s analysis of ineffective assistance of counsel claims fails to protect the Sixth Amendment right to effective assistance of counsel and the Fourteenth Amendment right to due process announced in Strickland v. Washington, when it denies relief based on assertions of “strategy” without considering whether that purported strategy was reasonable? ii

Docket Entries

2023-05-01
Petition DENIED.
2023-04-13
DISTRIBUTED for Conference of 4/28/2023.
2023-03-28
Brief of respondent Secretary, Florida Department of Corrections in opposition filed.
2023-02-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 29, 2023)
2023-01-20
Application (22A643) granted by Justice Thomas extending the time to file until February 23, 2023.
2023-01-11
Application (22A643) to extend the time to file a petition for a writ of certiorari from January 24, 2023 to March 25, 2023, submitted to Justice Thomas.

Attorneys

Billy Kearse
Paul Edward KalilLaw Office of the Capital Collateral Regional Coun, Petitioner
Paul Edward KalilLaw Office of the Capital Collateral Regional Coun, Petitioner
Secretary, Florida DOC
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent