No. 23-564

Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-11-27
Status: Denied
Type: Paid
Response Waived
Tags: due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing pretrial motions to defend his case, which resulted in the State withdrawing his plea offer based on those actions, violated the petitioner's due process rights as well petitioner's Sixth Amendment right to effective assistance counsel

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a policy by the State Attorney’s Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing pretrial motions to defend his case, which resulted in the State withdrawing his plea offer based on those actions, violated the petitioner’s due process rights as well petitioner’s Sixth Amendment right to effective assistance counsel. ii RELATED CASES Bing, Jr. v. Secretary, Fla. Dep’t of Corrections, No. 23-11345, United States Court of Appeals for the Eleventh Circuit, Judgment Entered September 6, 2023. Bing, Jr. v. Secretary, Fla. Dep’t of Corrections, No. 9:21-cv-81268-DMM, United States District Court for the Southern District of Florida, Judgment Entered March 28, 2023.

Docket Entries

2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-05
Waiver of right of respondent Mark S. Inch Secretary, Florida Department of Corrections to respond filed.
2023-11-21
Petition for a writ of certiorari filed. (Response due December 27, 2023)

Attorneys

Mark S. Inch Secretary, Florida Department of Corrections
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
Timothy Bing, Jr.
Jack A. FleischmanFleischman & Fleischman, P. A., Petitioner
Jack A. FleischmanFleischman & Fleischman, P. A., Petitioner