No. 23-6650

Pablo Guzman v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-02-01
Status: Denied
Type: IFP
IFP
Tags: appellate-review constitutional-prejudice federal-habeas-corpus habeas-corpus jury-instruction lockhart-precedent lockhart-v-fretwell prejudice state-court-decision supreme-court-precedent
Latest Conference: 2024-04-12
Question Presented (from Petition)

Does Lockhart v. Fretwell, 506 U.S. 364, 113 S. Ct. 838, 122 L. Ed. 2d 180
(1993), prevent federal habeas corpus relief regardless of substantive prejudice,
when the United States Supreme Court precedent that existed at the time of trial
was not clearly inconsistent with the subsequent state court decision and prejudice
is apparent?

Did the Eleventh Circuit Court of Appeal fail to assess the effect of the
incomplete jury instruction as a result of application of Lockhart v. Fretwell based
upon misapplication of Knight v. State, 286 So 3d 147 (Fla. 2019) The intervening
state law is not applicable to Guzman and therefore Fretwell does not apply. A
reasonable state appellate court would have reversed for new trial based on the
incomplete instruction, both then and now, had appellate counsel presented the
point on appeal.

Absence of jury instruction deprived jury of fair consideration of Petitioner 's
defense on offense of conviction and absence of point on appeal resulted in
fundamentally unfair appellate proceeding.

Question Presented (AI Summary)

Does Lockhart v. Fretwell prevent federal habeas corpus relief despite prejudice when Supreme Court precedent at trial was not clearly inconsistent with subsequent state court decision?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2023-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 4, 2024)
2023-10-04
Application (23A295) granted by Justice Thomas extending the time to file until November 11, 2023.
2023-09-29
Application (23A295) to extend the time to file a petition for a writ of certiorari from October 12, 2023 to November 26, 2023, submitted to Justice Thomas.

Attorneys

Pablo Guzman
Pablo Guzman — Petitioner