No. 24-6549

Jesse Guardado v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2025-02-12
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability eleventh-circuit ineffective-assistance jury-selection martinez-rule strickland-standard
Key Terms:
HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2025-06-18
Question Presented (AI Summary)

Whether the Eleventh Circuit's analysis of ineffective assistance of counsel during jury selection violated Strickland v. Washington standards and whether the circuit court improperly denied a certificate of appealability under Martinez v. Ryan and Shinn v. Ramirez

Question Presented (OCR Extract)

1. Whether the Eleventh Circuit’s truncated no -prejudice analysis on Petitioner’s claim that counsel was ineffective during jury selection violated the standard set forth in Strickland v. Washington , 466 U.S. 668 (1984) , which requires courts to consider all of “counsel’s errors” and consider the “totality of the evidence” in assessing prejudice. 2. Whether the Eleventh Circuit violate d the certificate of appealability (COA) standard when it denied Petitioner a COA on his state -court -recordbased arguments under Martinez v. Ryan , 566 U.S. 1 (2012) , because it is at least reasonably debatable whether such arguments survive Shinn v. Ramirez , 596 U.S. 366 (2022) . 3. Whether the Eleventh Circuit overstep ped the “reasonable jurists could debate” standard for obtaining a COA when it denied Petitioner a COA on his claim under Caldwell v. Mississippi , 472 U.S. 320 (1985), which Justices of this Court actually debated at an earlier stage of his case. ii LIST OF DIRECTLY

Docket Entries

2025-06-23
Petition DENIED.
2025-06-04
DISTRIBUTED for Conference of 6/18/2025.
2025-05-30
Reply of Jesse Guardado submitted.
2025-05-30
Reply of petitioner Jesse Guardado filed.
2025-05-20
Brief of Ricky Dixon in opposition submitted.
2025-05-20
Brief of respondent Ricky D. Dixon, Secretary, Florida Department of Corrections in opposition filed.
2025-04-23
Motion to extend the time to file a response is granted and the time is further extended to and including May 21, 2025.
2025-04-21
Motion of Ricky Dixon for an extension of time submitted.
2025-04-21
Motion to extend the time to file a response from April 23, 2025 to May 21, 2025, submitted to The Clerk.
2025-03-13
Motion to extend the time to file a response is granted and the time is extended to and including April 23, 2025.
2025-03-11
Motion of Ricky Dixon for an extension of time submitted.
2025-03-11
Motion to extend the time to file a response from March 14, 2025 to April 23, 2025, submitted to The Clerk.
2025-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2025)
2024-12-30
Application (24A630) granted by Justice Thomas extending the time to file until February 6, 2025.
2024-12-16
Application (24A630) to extend the time to file a petition for a writ of certiorari from January 7, 2025 to March 8, 2025, submitted to Justice Thomas.

Attorneys

Jesse Guardado
Sean Talmage GunnFederal Public Defender, N.D. Fla., Petitioner
Sean Talmage GunnFederal Public Defender, N.D. Fla., Petitioner
Ricky Dixon
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent