No. 18-5705

George Easterly v. Florida

Lower Court: Florida
Docketed: 2018-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure exculpatory-evidence impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-bargaining plea-voluntariness postconviction-relief probable-cause probable-cause-affidavit search-and-seizure search-warrant voluntariness-of-plea
Key Terms:
DueProcess CriminalProcedure HabeasCorpus Securities
Latest Conference: 2018-10-26
Question Presented (from Petition)

Question #1: Whether the Florida Court of Appeals unreasonably applied this Courts precedent when it upheld summary denial of a postconviction claim alleging ineffective assistance of counsel because the lawyer failed to properly investigate exculpatory and impeaching evidence of a controlled phone call, in conjunction with an interview, preventing counsel from properly advising Petitioner of the law relative to the facts, rendering his plea involuntary?

Question #2: Whether the Florida Court of Appeals unreasonably applied this Court's precedent when it upheld summary denial of a postconviction claim alleging ineffective assistance of counsel because Petitioner's plea was not knowingly, voluntarily or intelligently entered, due to counsel's multiple alleged acts or omissions?

Question #3: Whether the Florida Court of Appeals unreasonably applied this Court's precedent when it upheld summary denial of a postconviction claim alleging ineffective assistance of counsel because the lawyer failed to challenge the validity of the probable cause affidavit(s) and search warrant used to search the defendant's home and seize his computer, where the affidavit(s) were unsigned; based upon perjury; and/or otherwise deficient per the report of a forensic examiner?

Question Presented (AI Summary)

Whether the Florida Court of Appeals unreasonably applied this Court's precedent

Docket Entries

2018-10-29
Petition DENIED.
2018-10-04
DISTRIBUTED for Conference of 10/26/2018.
2018-09-27
Waiver of right of respondent State of Florida to respond filed.
2018-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2018)

Attorneys

George Easterly
George Easterly — Petitioner
State of Florida
C. Todd ChapmanOffice of the Attorney General for Florida, Respondent