No. 20-5325

Maurice Woodard v. Mark S. Inch, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2020-08-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence administrative-law civil-rights constitutional-law continuance due-process effective-assistance-of-counsel habeas-corpus judicial-review legal-procedure sixth-amendment statutory-interpretation
Latest Conference: 2020-09-29
Question Presented (from Petition)

Where the State postconviction courts assessment of Petitioner's Ineffective Assistance of counsel claim was "I guess the only potential issue would be to request a severance" yet denied the Failing to File for severance ground on the premise that legal basis to ask For Severance. Should COA issue, Where a substantial showing of the denial of Petitioner's constitutional right to confront his accuser, effective assistance of counsel, and denial of due process of law was demonstrated.

2. Where a state court fails to resolve all claims which constitutes a non-final non-appealable order. Should COA Issue where a federal district court holds that standards does not require a state court to give reasons before its decision can be deemed to have been judicated on the merits.

3. Pursuant to the unresolved question presented in McQuiggin v. Perkins, 133 S.Ct. 1974, 1931 (2013). Can a prisoner be entitled habeas relief based on a Freestanding claim of actual innocence, Although not resolved, the Ninth Circuit Court assumed the position that a Freestanding claim of actual innocence in the non-capital context is viable in a Federal habeas corpus proceeding Jones v. Taylor, 763 F.3d 1242 (9th Cir. 2014) and Morris v. Hill, 596 Fed. Appx. 590 (9th Cir. 2015)

Question Presented (AI Summary)

Whether the Shane Cooknell conviction violates the Sixth Amendment right to effective assistance of counsel when the court denied his request for a continuance to obtain counsel

Docket Entries

2020-10-05
Petition DENIED.
2020-08-20
DISTRIBUTED for Conference of 9/29/2020.
2020-08-17
Waiver of right of respondent INCH, SECRETARY, FLORIDA DEPT. OF CORRECTIONS to respond filed.
2020-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2020)

Attorneys

INCH, SECRETARY, FLORIDA DEPT. OF CORRECTIONS
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent
Maurice Woodard
Maurice Woodard — Petitioner