No. 18-8546

Gerald Delane Murray v. Florida

Lower Court: Florida
Docketed: 2019-03-26
Status: Denied
Type: IFP
IFP
Tags: actual-innocence batson-v-kentucky batson-violation brady-violation civil-rights conflict-counsel constitutional-violations cruel-and-unusual-punishment due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel jailhouse-informant post-conviction post-conviction-relief
Latest Conference: 2019-05-23
Question Presented (from Petition)

THE COURT SHOULD GRANT THE WRIT TO CORRECT AN INJUSTICE IN STATE COURT WHERE POST-CONVICTION COUNSEL UNDERMINED CLAIMS, ABUSED THE PROCESS, WASTED JUDICIAL RESOURCES, AND THE COURT FAILED TO APPOINT CONFLICT COUNSEL DENYING DUE PROCESS, WHERE EVIDENCE OF A CONSPIRACY BETWEEN THE STATE AND COUNSEL EXISTED VIOLATING HOLLAND V. FLORIDA, 560 U.S. 631, 652 (2010); MARTEL V. CLAIR, 132 S.CT. 1276 (2012); MARTINEZ V. RYAN, 132 S.CT. 1309, (2012)

THE COURT SHOULD GRANT THE WRIT TO CORRECT FLORIDA COURT'S EGREGIOUS FINDING THAT: "AS A (WHITE MAN) PETITIONER CANNOT QUALIFY FOR RELIEF UNDER BATSON V. KENTUCKY, 476 U.S. 79 (1986) VIOLATING WELL DUE PROCESS AND EQUAL PROTECTION ON WELL ESTABLISHED FEDERAL LAW POWERS V. OHIO 499 U.S. 400, 113 LED. 411; 111 S.CT. 1364 (1991) 6TH AND 14TH AMEND. TO THE U.S. CONST.

WHETHER FLORIDA COURTS DENIED DUE PROCESS WHEN EGREGIOUSLY DENYING NEW EVIDENCE CLAIMS OF ACTUAL INNOCENCE FORCING PETITIONER TO LANGUISH UNDER WRONGFUL CONVICTION, AND FAILING TO FIND PETITIONER'S TRIAL COUNSEL INEFFECTIVE AT THE GUILT PHASE UNDER THE 6TH, 8TH AND 14TH AMENDMENTS OF THE U.S. CONSTITUTION, STRICKLAND V. WASHINGTON, 466, U.S. 668 (1984); BERGER V. U.S.. 295 U.S. 78, 88 (1935).

Question Presented (AI Summary)

Whether the state court denied due process by failing to appoint conflict counsel when post-conviction counsel undermined petitioner's claims, and whether the state court erred in finding that a white petitioner cannot qualify for relief under Batson v. Kentucky

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-04-23
Brief of respondent State of Florida in opposition filed.
2019-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2019)

Attorneys

Gerald D. Murray
Gerald D. Murray — Petitioner
State of Florida
Carolyn M. SnurkowskiOffice of the Attorney General, Respondent