No. 23-5861

Joseph Pierre v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-10-23
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: brady-violation due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel kyles-v-whitley prosecutorial-misconduct sixth-amendment sixth-amendment-right
Key Terms:
DueProcess HabeasCorpus Securities Privacy
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the Courts below decided an important federal question in a way that conflicts with the relevant decisions of this court

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Whether the Courts below decided an important federal question in a way that conflicts with the relevant decisions of this court when they denied —without an evidentiary hearing — Petitioner's petition for writ of habeas corpus, which asserted trial counsel was ineffective for failing to object and move for mistrial based on a discovery and/or Brady violation, thus depriving Petitioner of his Sixth Amendment Right to the effective assistance of counsel. A prosecutor has a duty to learn of any favorable evidence known to others acting on the government's behalf in the case, including the police, and failing ; to do so violates a defendant's constitutional due process right. Kyles v. Whifley, 514 U.S. 419, 115 S. Ct. 1555 (1995). Mr. Pierre's prosecutor failed to learn of and a disclose favorable video evidence possessed by the police. Was the reasoning of the State Court contrary to and an unreasonable: application of Kyles v. Whitley, 514 U.S. 419, 115 S. Ct. 1555 (1995), where it concluded that since the . prosecutor's office did not possess the favorable video evidence, due process ; was not violated? ; il

Docket Entries

2024-09-06
Rehearing DENIED.
2024-08-15
DISTRIBUTED.
2024-01-03
Petition for Rehearing filed.
2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-08
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2023-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2023)

Attorneys

Dixon, Sec., FL DOC
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
Joseph Pierre
Joseph Pierre — Petitioner
Joseph Pierre — Petitioner