No. 20-8266

Eric Lucas v. Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-06-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment confrontation-clause constitutional-rights due-process hearsay hearsay-evidence ineffective-assistance jury-trial prosecutorial-misconduct sixth-amendment
Latest Conference: 2021-09-27
Question Presented (from Petition)

Whether Petitioner 's Constitutional Rights Under The 5th, 6th And 14th
Amendments Were Violated When The State 's Motions To Allow Hearsay
Evidence To Be Admitted During Petitioner 's State Jury Trial Was
Granted Over Objection.

Whether The Prosecution Violated Petitioner 's Constitutional Rights
Under The 5th And 14th Amendments By Multiple Improper Statements
Made During Trial Where Those Statements Advised, Encouraged And Led
The Jury To Convict Petitioner Based Upon Proof Less Than That Beyond
A Reasonable Doubt

Whether Trial Counsel 's Performance Fell Below The Standard Of The
Sixth Amendment To The U.S. Constitution For Failing To Consult And/Or
Hire An Expert Witness In The Area Of Eye Injuries (Ophthalmologist) To
Rebut The State 's Claim Of Permanent Damage As An Element Of
Aggravated Battery.

Whether Trial Counsel 's Performance Fell Below The Standard Of The
Sixth Amendment To The U.S. Constitution For Allowing The Prosecution
To Present An Out-Of-Court Statement Without Objection As To The
Authentication Of The Identity Of The Speakers?

Whether Trial Counsel 's Performance Fell Below The Standard Of The
Sixth Amendment To The U.S. Constitution For Failing To Utilize A Police
Report To Impeach The Victim Regarding Inconsistent Statements On A
Critical Issue In The Case, The Defendant 's Identity.

Whether Trial Counsel 's Performance Fell Below The Standard Of The
Sixth Amendment To The U.S. Constitution For Failing To Present A
Available Viable Alibi Defense.

Question Presented (AI Summary)

Whether Petitioner's Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated

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 Florida Department of Corrections, et al. to respond filed.
2021-05-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2021)

Attorneys

Eric Lucas
Eric Lucas — Petitioner
Florida Department of Corrections, et al.
Celia A. Terenzio — Respondent