No. 20-6796

Simon A. Sanchez v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-01-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-procedure deadly-weapon due-process fair-trial ineffective-assistance-of-counsel jury-instructions
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-04-23 (distributed 2 times)
Question Presented (from Petition)

Whether Trial Counsel failure to object a factual withholding with Guilty modifications in two (Pharenteticals) of Jury instructions, prevented Juror's factual assessment that a piece of BB gun "was" or "was not" deadly weapon as additional charged offense, violated Sanchez Fair Trial and due process rights.

Whether the Circuit Court below exceeded the limited scope of COA Analysis, in finding additional non-disputed claims to decide the merits of the case first, rather than focus on a debatable inquiry only.

Question Presented (AI Summary)

Whether Trial Counsel failure to object a factual withholding with Guilty modifications in two (Pharenteticals) of Jury instructions, prevented Juror's factual assessment that a piece of BB gun 'was' or 'was not' deadly weapon as additional charged offense, violated Sanchez Fair Trial and due process rights

Docket Entries

2021-04-26
Rehearing DENIED.
2021-04-07
DISTRIBUTED for Conference of 4/23/2021.
2021-03-17
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent State of Florida to respond filed.
2020-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2021)

Attorneys

Simon A. Sanchez
Simon A. Sanchez — Petitioner
State of Florida
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent