No. 19-5012

Frank Sarcona v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-07-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence constitutional-issues constitutional-rights due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel procedural-bar prosecutorial-misconduct
Latest Conference: 2019-10-01
Question Presented (from Petition)

1. Did the District Court and the Court of Appeals for the 11th Circuit err in relying on procedural bar instead of relying on the underlying constitutional issues by blocking a federal evidentuary hearing; thus denying Defendant the opportunity to establish his actual innocence of the conviction?

2. Was Defendants trial counsel, Mrs. Randy J. Golder ineffective for failing to call Dr. Forgione to testify at trial on Defendant's behalf to establish Defendant's actual innocence, resulting in a fundamental miscarriage of justice?

3. Was Prosecutor Kerry S. Baron guilty of prosecutorial misconduct and cause a Giglio violation by deliberately misleading the jury by not calling Dr. Forgione to testify and avoiding disclosure of critical exculpatory testimony while suborning Mrs. Brock's perjured testimony, which he obtained through threatening to prosecute Brock unless she testified at trial and "she could tell him something to change his mind"?

Question Presented (AI Summary)

Did the District Court and the Court of Appeals err in relying on procedural bar instead of the underlying constitutional issues by blocking a federal evidentiary hearing and denying the defendant the opportunity to establish actual innocence?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-12
Waiver of right of respondent United States to respond filed.
2019-05-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 31, 2019)

Attorneys

Frank Sarcona
Frank Sarcona — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent