No. 24-1211

Kristen Elizabeth Wagner v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2025-05-28
Status: Denied
Type: Paid
Response Waived
Tags: certificate-of-appealability eleventh-circuit habeas-corpus judicial-review procedural-due-process standard-of-review
Key Terms:
DueProcess Takings HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Eleventh Circuit's denial of a certificate of appealability based on a single judge's assessment violates the established standard for such certificates

Question Presented (OCR Extract)

Whether the Eleventh Circuit’s denial of Petitioner’s motion for certificate of appealability based on a single judge’s assessment of the likelihood that Petitioner would succeed on merits violates this Court’s established standard for certi ficates of appealability, under which a certificate may not be denied based on a court’s belief that the applicant will not ultimately demonstrate an entitlement to relief on appeal?

Docket Entries

2025-10-06
Petition DENIED.
2025-06-25
DISTRIBUTED for Conference of 9/29/2025.
2025-06-18
Waiver of Dixon, Sec., FL DOC of right to respond submitted.
2025-06-18
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2025-05-23
Petition for a writ of certiorari filed. (Response due June 27, 2025)

Attorneys

Dixon, Sec., FL DOC
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent
Kristen Elizabeth Wagner
Elliot H. ScherkerGreenberg Traurig, P.A., Petitioner
Elliot H. ScherkerGreenberg Traurig, P.A., Petitioner