No. 21-5552

Brian Green v. Clinton Perry, Warden

Lower Court: Eleventh Circuit
Docketed: 2021-09-01
Status: Denied
Type: IFP
IFP
Tags: constitutional-violation fourteenth-amendment fourth-amendment habeas-corpus ineffective-assistance-of-counsel ineffective-counsel jury-selection procedural-default sixth-amendment warrantless-search warrantless-search-and-seizure
Latest Conference: 2021-10-29
Question Presented (from Petition)

1. Whether the eleventh circuit erred in holding that no
constitutional violations in Green's trial /When the police officer
who investigated Greens case was allowed to participate in the jury
selection process and testify in the case.When this ruling is in
conflict with other circuits ,who state it is a Sixth amendment and
Fourteenth amendment violation and inherent prejudice exists ?

2. Green alleged ineffective trial counsel for not challenging the
states case to proper adversarial testing by not filing a Motion to
suppress on the Warrantless seizure. The state habeas court replied
to the error in its final report and recommendation .Did the
Eleventh circuit err in determining this error was not exhausted ?

3. Mr. Green alleged Appellate counsel ineffective for his failure to
investigate the Warrantless search and seizure and to enumerate as
error on direct appeal that green was denied a full and fair hearing
on the fourth amendment violation. The state Habeas court replied
to the error in its final report and recommendations.Did the
Eleventh circuit err irndeteTmining thiserror-was-unexhausted-?

4. Did the Eleventh circuit err in not addressing Greens Fourth
amendment violation, Where evidence was used to convict derived
from the Warrantless seizure and a full and fair hearing was not
provided ? Does a states procedural default hinder Greens
opportunity to address a Fourth amendment violation in a federal
28 U.S.C.2254 Where a full and fair hearing was not habeas
provided ?

Question Presented (AI Summary)

Whether the Eleventh Circuit erred in holding that no constitutional violations in Green's trial

Docket Entries

2021-11-01
Petition DENIED.
2021-10-14
DISTRIBUTED for Conference of 10/29/2021.
2021-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 1, 2021)

Attorneys

Brian Green
Brian Green — Petitioner