No. 24-6646

Randy Allen Herman, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2025-02-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure fourteenth-amendment ineffective-assistance-of-counsel insanity-defense involuntary-act sixth-amendment
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-04-04
Question Presented (AI Summary)

Whether Petitioner was deprived of effective assistance of counsel in violation of his Sixth and Fourteenth Amendments to the United States Constitution when Trial Counsel misadvised Petitioner to assert an affirmative insanity defense for a claim of sleepwalking, where Petitioner was asleep at the time of the homicide and committed the act involuntarily while in an unconscious state?

Question Presented (OCR Extract)

Whether Petitioner was deprived of effective assistance of counsel in violation of his Sixth and Fourteenth Amendments to the United States Constitution when Trial Counsel misadvised Petitioner to assert an affirmative insanity defense for a claim of sleepwalking, where Petitioner was asleep at the time of the homicide and committed the act involuntarily while in an unconscious state? 11

Docket Entries

2025-04-07
Petition DENIED.
2025-03-20
DISTRIBUTED for Conference of 4/4/2025.
2025-03-18
Waiver of right of respondent FLDOC, et al. to respond filed.
2025-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2025)

Attorneys

FLDOC, et al.
Celia A. Terenzio — Respondent
Celia A. Terenzio — Respondent
Randy Allen Herman, Jr.
Randy Allen Herman Jr. — Petitioner
Randy Allen Herman Jr. — Petitioner