No. 23-5563

Christopher John Derting v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-09-12
Status: Denied
Type: IFP
IFP
Tags: circuit-court-conflict due-process federal-review habeas-corpus keeney-v-tamayo-reyes post-conviction-review strickland strickland-claim townsend-v-sain vicks-v-bunnell
Key Terms:
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Can the District Court ignore the views of this Court stated in Lovell v. Duffey pertaining to 2254 (d) (2) claims, which should focus on what State Court knew and did at the time, and instead construe Cullen v. Pinholster as to prohibit actual testimony heard by the State Post-Conviction Court prior to it's ruling?

Question Presented (OCR Extract)

QUESTION PRESENTED ~ Can the District Court ignore the views of this Court stated in Lovell v. Duffey pertaining to 2254 (d) (2) claims, which should focus on what State Court knew and did at the time, and instead construe Cullen v. Pinholster as to prohibit actual testimony heard by the State Post-Conviction Court prior to it's ruling? Thus, preventing itself, | . from reviewing Petitioner's Habeas Corpus with the same set of facts and frustrating | | Petitioner's chance of proving Strickland and states duplicity, which is in direct conflict with the 2" Circuits decision in Heckler. | If it is clear from the face of the record that the state Post-Conviction Court clearly believed facts which showed a deprivation of constitutional rights and awarded an Evidentiary Hearing, yet (erroneously) concluded relief be denied along with that Evidentary Hearing with no reasoning. Shouldn't the District Court “safeguard” Petitioner's due process right to a full and fair hearing as set forth by this court in the longstanding decisions in Townsend and Keeney when the merits of a factual dispute have not been addressed and is in direct conflict with the 9" Circuits ruling in Vicks v. Bunnell]?

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2023)
2023-08-17
Application (23A141) granted by Justice Thomas extending the time to file until September 7, 2023.
2023-07-30
Application (23A141) to extend the time to file a petition for a writ of certiorari from August 8, 2023 to September 7, 2023, submitted to Justice Thomas.

Attorneys

Christopher J. Derting
Christopher John Derting — Petitioner
Christopher John Derting — Petitioner