No. 22-7809

Brandy Bain Jennings v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-06-16
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance mitigation-evidence postconviction-proceedings postconviction-relief sixth-amendment strickland-standard strickland-v-washington
Key Terms:
Securities
Latest Conference: 2023-09-26
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

Question Presented (OCR Extract)

QUESTIONS PRESENTED This Court has interpreted the prejudice standard of Strickland v. Washington to require that postconviction courts engage with, and do not discount unreasonably, mitigating evidence which was available at trial but not presented to the jury or sentencing court. However, courts continue to discount mitigating evidence presented in postconviction by declaring that it would undercut mitigation presented at trial. Even where the mitigation presented at trial was afforded minimal weight, postconviction courts continue to treat as non-mitigating the types of evidence this Court has consistently deemed to be mitigating, because the newly presented mitigation might be a “double-edged sword.” The Petitioner here presents the question: 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 the assertion that substantial postconviction mitigation would have undercut the minimal mitigation presented at trial, which the sentencing court deemed to be of minimal weight? i

Docket Entries

2023-10-02
Petition DENIED.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-11
Brief of respondent Ricky D. Dixon Secretary, Florida Department of Corrections in opposition filed.
2023-06-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2023)
2023-05-03
Application (22A961) granted by Justice Thomas extending the time to file until June 14, 2023.
2023-05-01
Application (22A961) to extend the time to file a petition for a writ of certiorari from May 15, 2023 to July 14, 2023, submitted to Justice Thomas.

Attorneys

Brandy Jennings
Paul Edward KalilCapital Collateral Regional Counsel - South, Petitioner
Paul Edward KalilCapital Collateral Regional Counsel - South, Petitioner
Secretary, Florida DOC
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent