No. 23-7798

Evan C. Wilhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2024-06-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: christeson-v-roper conflict-of-interest counsel-performance cuyler-v-sullivan ineffective-assistance ineffective-assistance-of-counsel legal-ethics prejudice-presumption presumption-of-prejudice professional-reputation professional-responsibility
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether prejudice should be presumed when a conflict of interest forces Counsel to choose between denigrating their own performance on behalf of their client or protecting their professional reputation?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether prejudice should be presumed when a conflict of interest forces Counsel to choose . between denigrating their own performance on behalf of their client or protecting their professional reputation? Considering this Court’s holding in Christeson v. Roper, 574 U.S. 373, 135 8.Ct. 891, 190 L. Ed. 2d 763 (2015), Mr. Wilhelm argues that the presumption of prejudice established in Cuyler v. Sullivan, 446 U.S. 335, 100 S. Ct. 1708, 64 L. Ed. 2d 333 (1980), is warranted in the exceptional circumstance where Counsel has missed a client’s deadline and the only viable strategy for his client is to admit fault and publically denigrate his or her own performance. i

Docket Entries

2024-10-07
Petition DENIED.
2024-07-25
DISTRIBUTED for Conference of 9/30/2024.
2024-07-22
Waiver of State of Florida of right to respond submitted.
2024-07-22
Waiver of right of respondent State of Florida to respond filed.
2024-04-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 25, 2024)

Attorneys

Evan C. Wilhelm
Evan C. Wilhelm — Petitioner
Evan C. Wilhelm — Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General, Respondent
Trisha Meggs PateOffice of the Attorney General, Respondent