No. 20-6053

Dieter Riechmann v. Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-10-16
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: 28-usc-2254 appellate-standard circuit-split evidence evidence-review federal-courts federal-review habeas-corpus standard-of-review state-court-determination statutory-interpretation
Key Terms:
HabeasCorpus Securities
Latest Conference: 2021-01-08
Question Presented (from Petition)

Is a state court's conclusion that evidence not presented at trial was cumulative of other evidence before the jury a "determination of the facts" that is reviewed for reasonableness under 28 U.S.C. § 2254(d)(2), or an "application of clearly established Federal law" reviewed for reasonableness under § 2254(d)(1), an issue on which the circuit courts of appeal disagree?

Question Presented (AI Summary)

Is a state court's conclusion that evidence not presented at trial was cumulative of other evidence before the jury a 'determination of the facts' that is reviewed for reasonableness under 28 U.S.C. § 2254(d)(2), or an 'application of clearly established Federal law' reviewed for reasonableness under § 2254(d)(1), an issue on which the circuit courts of appeal disagree?

Docket Entries

2021-01-11
Petition DENIED.
2020-12-03
DISTRIBUTED for Conference of 1/8/2021.
2020-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 16, 2020)

Attorneys

Dieter Riechmann
Janice L. BergmannFederal Public Defender's Office, Petitioner