No. 18-6880
Jason A. Lenz v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.
Response WaivedIFP
Tags: accidental-death character-evidence civil-procedure civil-rights constitutional-law due-process expert-testimony habeas-corpus ineffective-assistance jury-deadlock standing statutory-interpretation
Latest Conference:
2019-01-18
Question Presented (from Petition)
Should a certificate of appealability issue in a Section 2254 proceeding where counsel learned directly from a juror that the jury had deadlocked 10-2 only because of character evidence that could not be admitted at the second trial, but counsel failed to revisit his strategy of relying on perceived weakness of the state's expert, rather than investigating and presenting expert testimony to establish that the victim could have died from an accidental fall or from regurgitating and choking on food found in his lung?
Question Presented (AI Summary)
Should a certificate of appealability issue in a Section 2254 proceeding
Docket Entries
2019-01-22
Petition DENIED.
2019-01-03
DISTRIBUTED for Conference of 1/18/2019.
2018-12-06
Waiver of right of respondent Secretary, Florida Department of Corrections, et al. to respond filed.
2018-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 31, 2018)
Attorneys
Jason A. Lenz
Gray Richard Proctor — Law Office of Gray Proctor, Petitioner
Secretary, Florida Department of Corrections
Kellie A. Nielan — Respondent