No. 20-7173

Venecia Depaula v. Florida

Lower Court: Florida
Docketed: 2021-02-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency competency-hearing constitutional-rights ineffective-assistance ineffective-assistance-of-counsel mental-health plea-offer privileged-communication waiver
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2021-04-01
Question Presented (from Petition)

I. WAS COUNSEL'S ASSISTANCE RENDERED INEFFECTIVE BY HIM ALLOWING PETITIONER TO REJECT A FAVORABLE PLEA OFFER WHERE COUNSEL POSSESSED KNOWLEDGE THAT PETITIONER SUFFERED FROM MENTAL HEALTH ILLNESS; AND WAS IT SO PREJUDICIAL AS TO HAVE RENDERED THE PETITIONER'S TRIAL A VIOLATION OF THE U.S. CONSTITUTION?

II/III/IV. COULD COUNSEL HAVE PROTECTED THE PETITIONER'S CONSTITUTIONAL RIGHTS BY MOVING THE COURT TO CONDUCT A HEARING TO RULE ON THE QUESTION OF PETITIONER'S COMPETENCY?

V. DID COUNSEL RENDER INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HE DISCLOSED PRIVILEGED COMMUNICATION TO THE STATE TRIAL COURT ABSENT A VALID WAIVER?

VI. WAS COUNSEL RENDERING INEFFECTIVE ASSISTANCE WHEN HE CONCEDED THAT THE PETITIONER ACTUALLY CREATED/WROTE THE TEXT MESSAGE ORIGINATING FROM THE PHONE REGISTERED TO HER?

Question Presented (AI Summary)

Was counsel's assistance rendered ineffective

Docket Entries

2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-03-10
Waiver of right of respondent Florida to respond filed.
2021-01-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 19, 2021)

Attorneys

Florida
C. Todd ChapmanOffice of the Attorney General for Florida, Respondent
Venecia Depaula
Venecia Depaula — Petitioner