No. 22-7158

Reginald Langston Luster v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-03-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice right-to-testify stand-your-ground trial-counsel
Key Terms:
HabeasCorpus
Latest Conference: 2023-05-25
Question Presented (AI Summary)

whether-petitioner-luster-is-entitled-to-a-certificate-of-appealability

Question Presented (OCR Extract)

Questions Presented I. Whether Petitioner Luster Is Entitled to a Certificate of Appealability on the Question Whether the State Court Erred in Denying Luster's Claim That He Had Been Prejudiced by His Trial Counsels' Deficient Performance for Advising Him Not to Testify Based on Their Mistaken Belief That His Trial Testimony from His Original Trial Would Be Inadmissible If He Did Not Take the Stand. I. Whether Petitioner Luster Is Entitled to a Certificate of Appealability on the Question Whether the State Court Erred in Denying Luster's Claim That Trial Counsel Were Ineffective in Failing to Assure That the Jury Was Properly Instructed on the Stand-Your-Ground Defense. 2

Docket Entries

2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-05-03
Waiver of right of respondent Secretary, Florida Dept. of Corrections, et. al to respond filed.
2023-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2023)

Attorneys

Reginald Luster
William Mallory KentKent & McFarland, Petitioner
Secretary, Florida Dept. of Corrections, et. al
Trisha Meggs PateOffice of the Attorney General , Respondent