No. 23-5620

Margaret A. Allen v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-09-20
Status: Denied
Type: IFP
IFP
Tags: capital-punishment certificate-of-appealability constitutional-rights due-process evidence ineffective-assistance ineffective-assistance-of-counsel mitigation sixth-amendment strickland-v-washington
Key Terms:
DueProcess HabeasCorpus Punishment Securities
Latest Conference: 2023-11-17
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-11-01
Reply of petitioner Margaret A. Allen filed. (Distributed)
2023-10-18
Brief of respondents Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. in opposition filed.
2023-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2023)
2023-07-14
Application (23A24) granted by Justice Thomas extending the time to file until September 18, 2023.
2023-07-10
Application (23A24) to extend the time to file a petition for a writ of certiorari from August 17, 2023 to October 16, 2023, submitted to Justice Thomas.

Attorneys

Margaret A. Allen
Lisa Marie FusaroCapital Collateral Regional Counsel - Middle, Petitioner
Lisa Marie FusaroCapital Collateral Regional Counsel - Middle, Petitioner
Secretary, Department of Corrections, Attorney General, State of Florida.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent