No. 20-8042
Jorge Cervantes v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
Response WaivedIFP
Tags: due-process evidentiary-hearing fact-finding federal-habeas habeas-corpus ineffective-assistance judicial-review legal-determination postconviction-relief standard-of-review state-court-findings strickland
Latest Conference:
2021-09-27
Question Presented (from Petition)
1. Was the state court's failure to make the requisite findings of fact and law thus an unreasonable law, as determined by the United States Supreme Court?
2. Was the state court's failure to make the requisite findings of fact and law sufficient reason to hold a federal evidentiary hearing?
3. Is the state court's failure to make the requisite findings of fact and law sufficient reason to hold a federal evidentiary hearing?
Question Presented (AI Summary)
Did the trial court use the incorrect standard to review the issues and thus incorrectly apply the fact to the law under Strickland?
Docket Entries
2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-16
Waiver of right of respondent Mark S. Inch to respond filed.
2021-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 16, 2021)
Attorneys
Jorge Cervantes
Jorge Cervantes — Petitioner
Mark S. Inch
Rebecca Rock McGuigan — Office of Florida Attorney General, Respondent