No. 23-6007

Daniel A. Rocha v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-review constitutional-rights due-process exhaustion-of-remedies habeas-corpus indigent-defendant ineffective-assistance procedural-rules time-limitations
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Does Douglas v. California, 372 U.S. 358 (1968), and its progeny, require a state court to advise an indigent defendant of the procedural rules and time limitations governing claims of ineffective assistance of trial counsel in states that require these claims to be raised in an initial-review collateral proceeding?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Does Douglas v. California, 372 U.S. 358 (1968), and its progeny, require a state court to advise an indigent defendant of the procedural rules and time limitations governing claims of ineffective assistance of trial counsel in states that require these claims to be raised in an initial-review collateral proceeding?! Whether the U.S. Appeals Court’s order denying Rocha a COA on Ground One based on his failure to exhaust remedies is in conflict with § 2254(b)(1)(A), ©); and O'Sullivan v. Boerckel, 526 U.S. 838 (1999), and whether that conflict is such a departure by a lower court, as to call for an exercise of this Court’s supervisory power? Whether the U.S. Appeals Court’s order denying Rocha a COA on Grounds Two-Eight based on his claims having no merit is in conflict with Martinez v. Ryan, 566 U.S. 1 (2012), and 28 U.S.C. § 2254(d)(1), (2), and whether that conflict is such a departure by a lower court, as to call for an exercise of this Court’s supervisory power?? 1 Rocha believes this is a case of first impression that affects the constitutional rights of thousands of indigent defendants in many states and that the issue should be settled by this Court. 2 In Rocha’s habeas petition, he raised in Grounds One and Two the same underlying claim. In Ground One, the claim is framed as a federal due process claim. In Ground Two, it is framed as an claim. The court’s order denying Rocha a COA stated that Ground One is a federal due process claim not ruled on the merits and unexhausted, and that Ground Two is a state law claim ruled on the merits and exhausted. The U.S. Appeals Court’s order denying Rocha a COA is an oxymoron. ii

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-30
Waiver of right of respondent Dixon, et al. to respond filed.
2023-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2023)

Attorneys

Daniel Rocha
Daniel A. Rocha — Petitioner
Daniel A. Rocha — Petitioner
Dixon, et al.
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent