No. 23-1329

Francisco De Aragon v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2024-06-20
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: aedpa certificate-of-appealability habeas ineffective-assistance-of-counsel sixth-amendment strickland-v-washington
Key Terms:
HabeasCorpus Securities
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Does Strickland require cumulative-effect-of-errors evaluation,does-AEDPA-deference-apply-to-state-court-findings-favorable-to-petitioner,does-actual-bias-of-juror-need-to-be-shown,does-showing-of-wrong-prejudice-standard-merit-COA

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case arises from a habeas petition brought under 28 U.S.C. § 2254 alleging ineffective assistance of counsel in violation of the Sixth Amendment to the United States Constitution. This petition presents the following questions for review: 1. Does Strickland v. Washington, 466 U.S. 668 (1984) require a court to evaluate the cumulative effect of the errors of counsel in determining whether prejudice is shown? 2. Does a federal court owe AEDPA deference to findings from a state post-conviction court that a habeas petitioner received deficient performance? 3. In an ineffective assistance of counsel claim predicated on the failure to preserve a cause objection to a juror, does a petitioner have to show that the seated juror is “actually biased” to obtain relief? 4. Does a habeas petitioner make “a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(¢)(2), as required for the issuance of a certificate of appealability, where he shows the state post-conviction court applied the wrong standard for prejudice under Strickland and identifies multiple errors that undermine the reliability of the result at trial?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-11
Waiver of Dixon, Sec., FL DOC of right to respond submitted.
2024-07-11
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2024-06-17

Attorneys

Dixon, Sec., FL DOC
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
Francisco De Aragon
Andrew Brooks Greenlee — Petitioner
Andrew Brooks Greenlee — Petitioner