Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
DueProcess HabeasCorpus Punishment Securities
Whether the Eleventh Circuit flouted this Court's relevant decisions and precedent by declining to even grant a certificate of appealability regarding trial counsel's ineffectiveness
QUESTIONS PRESENTED Ms. Allen’s case is one of the most mitigated and least aggravated capital cases. However, her jury was completely unaware of that fact due to her trial counsel rendering ineffective assistance of counsel in violation of Strickland v. Washington, 466 U.S. 668 (1984) and the Sixth Amendment. Worse yet, although Ms. Allen has always maintained her innocence, her trial counsel failed to challenge the only evidence which the lower courts have found to support her convictions. Accordingly, Ms. Allen raises the following issues: 1. Whether the Eleventh Circuit flouted this Court’s relevant decisions and precedent by declining to even grant a certificate of appealability regarding trial counsel’s ineffectiveness in failing to investigate and present compelling available mitigation and in failing to challenge the evidence used to support Ms. Allen’s convictions? 2. Whether Ms. Allen’s convictions and death sentence are unconstitutional due to receiving ineffective assistance of counsel at her trial in violation of her rights under the Sixth Amendment? 3. Whether the conflicting evidence in Ms. Allen’s case undermines and refutes her convictions to the extent that her convictions and death sentence should be vacated? i