No. 20-7182

Anton Tuomi v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-02-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure conflict-of-interest faretta-rights faretta-v-california guilty-plea ineffective-assistance ineffective-assistance-of-counsel right-to-counsel waiver-of-rights
Latest Conference: 2021-03-19
Question Presented (from Petition)

Issue 1: Whether the appellate court erred in concluding that petitioner was not denied his right to counsel when the state court accepted petitioner's motion to withdraw his guilty plea without first appointing him new conflict free counsel or providing him an opportunity to confer with conflict free counsel.

Issue 2: Whether the appellate court erred in concluding that petitioner's appellate counsel was not ineffective for failing to argue that he had been denied his right to conflict free counsel before withdrawing his guilty plea

Issue 3: Whether the appellate court erred in concluding petitioner's appellate counsel was not ineffective for failing to raise a claim that petitioner did not knowingly and voluntarily waive his right to conflict free counsel in violation of Faretta v. California.

Question Presented (AI Summary)

Whether the petitioner was denied his right to counsel

Docket Entries

2021-03-22
Petition DENIED.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2021-02-24
Waiver of right of respondent Florida Department of Corrections to respond filed.
2021-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 22, 2021)

Attorneys

Anton Tuomi
Arthur L. Wallace IIIArthur Wallace Attorney at Law PLLC, Petitioner
State of Florida Secretary Department of Corrections
Celia A. Terenzio — Respondent