No. 24-5799

Maria Navarro Martin v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2024-10-23
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process exhaustion-doctrine federal-law habeas-corpus state-statute
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-12-13
Question Presented (AI Summary)

Whether the exhaustion of inadequate remedies in federal habeas corpus actions requires dismissal of a petition under an unconstitutional state statute that violates due process

Question Presented (OCR Extract)

QUESTION(S) PRESENTED (1) WHETHER THE ADHERENCE TO AN UNCONSTITUTIONAL STATE LAW IS NOT MANDATE BY A FEDERAL LAW UNDER AN UNCONSTITUTIONAL STATE STATUTE OF CONVICTION THAT “VIOLATE DUE PROCESS. ART. I, 9, FLA. CONST. ACCORD U.S. CONST. AMEND. XIV", DOES THE POLICY OF EXHAUSTION IN FEDERAL HABEAS CORPUS ACTIONS, REQUIRE THE EXHAUSTION OF INADEQUATE REMEDIES? (2) IN THE LIGHT OF THIS COURT PRECEDENT IN ROSE V. LUNDY, 455 U.S. 509, 522, 102 S. CT. 1198, 71 L. ED. 2D 379 (1982). DOES THE DISTRICT COURT SHOULD DISMISS THE PETITION WITHOUT PREJUDICE TO ALLOW EXHAUSTION AND THE CIRCUIT COURT WAS INCORRECT IN NOT INQUIRING WHETHER A "SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT” HAD BEEN PROVED ?

Docket Entries

2024-12-16
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2024-11-27
DISTRIBUTED for Conference of 12/13/2024.
2024-11-25
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2024-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2024)

Attorneys

Dixon, Sec., FL DOC
Douglas T. SquireOffice of the Attorney General, Respondent
Douglas T. SquireOffice of the Attorney General, Respondent
Maria Navarro Martin
Maria Navarro Martin — Petitioner
Maria Navarro Martin — Petitioner