No. 19-8454

Michael Boykin v. Mark S. Inch, Secretary, Florida, Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-05-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit certificate-of-appealability civil-procedure cumulative-evidence declaration hearsay-evidence in-forma-pauperis ineffective-assistance martinez-rule poverty procedural-default redress
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Whether the circuit court erred by denying a certificate of appealabilit
y for an ineffective assistance claim because the
omitted evidence was inadmi ssible hearsay, where the
statement would not have been offered for its truth?

2. Whether courts ca
n invoke the "c umulative ev idence" doctrine to
find no prejudice where the evid ence, although tending to prove
the same proposition as other it ems of evidence, nevertheless
creates a reasonable probability of a different result?

3. Whether, for the purposes of 28 U.S.C. § 2254(e)(2), a p
etitioner
culpably
fails to develop the record of his substantive and
procedural claims when he argu es that post conviction counsel
rendered ineffective assistance, pursuant to Martinez
v. Ryan ?

Additionally, this
case depends on the standard for determining
whether Martinez v. Ryan applies, which this Court may consider in
Warden, Ross Correctional Inst. v. White , No. 19-1023. This petition
should not dismissed before White is decided.

Question Presented (AI Summary)

Whether the petitioner is entitled to proceed in forma pauperis

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
DISTRIBUTED for Conference of 9/29/2020.
2020-06-17
Waiver of right of respondent Mark Inch, Secretary, Florida Department of Corrections to respond filed.
2020-05-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2020)
2020-02-26
Application (19A940) granted by Justice Thomas extending the time to file until May 7, 2020.
2020-02-14
Application (19A940) to extend the time to file a petition for a writ of certiorari from March 8, 2020 to May 7, 2020, submitted to Justice Thomas.

Attorneys

Mark Inch, Secretary, Florida Department of Corrections
Wesley Heidt — Respondent
Michael Boykin
Gray Richard ProctorLaw Office of Gray Proctor, Petitioner