No. 21-6346

Jason W. Reed v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2021-11-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sexual-predator sexual-predator-designation strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2022-01-07
Question Presented (from Petition)

Question One: Whether, counsel's admitted misadvice with respect to Petitioner's designation, its direct result of imposition of "specialized supervision by probation officers" pursuant to Florida Sexual Predator Act, F.S. 775.21(3)(b)2&(e)1, and the designations triggering of the maximum level of supervision by Fla. Conditional Release F.S. 947.1405(c); amounts, to gross misinformation by counsel, considering the prejudicial aspect of losing the lesser favorable of the two available plea offers, and acceptance of the lengthier plea, strongly suggests - the determinative issue — was to avoid all post prison supervision when released from prison?

Question Two: If so, as case in point, the deliberate exclusion in all below court rulings and reports, of the existence of two available plea offers, whereby, allowing the courts to analyze prejudice using Strickland/ Hill test, infra; rather than the correct analysis defined in Strickland/Frye and Lafler infra; what remedy does the public have in addressing Due Process violations when courts, by questionable tactics, refuse to follow Supreme Court precedent?

Question Presented (AI Summary)

Whether counsel's admitted misadvice regarding Petitioner's designation as a sexual predator and the resulting lifetime supervision amounted to gross misinformation, prejudicing Petitioner's acceptance of a lengthier plea to avoid post-prison supervision

Docket Entries

2022-01-10
Petition DENIED.
2021-12-16
DISTRIBUTED for Conference of 1/7/2022.
2021-12-14
Waiver of right of respondent Sec. FL DOC to respond filed.
2021-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 22, 2021)

Attorneys

Jason W. Reed
Jason W. Reed — Petitioner
Sec. FL DOC
Trisha Meggs PateOffice of the Attorney General Criminal Appeals Division Tallahassee, Respondent