No. 21-7715

Lacy E. Lewis v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-04-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-law due-process exhaustion-of-state-remedies federal-procedure habeas-corpus ineffective-assistance-of-counsel judicial-review standing statutory-interpretation
Latest Conference: 2022-06-23
Question Presented (from Petition)

Is the Framework as Explained in Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed 2d 389 (2000), For Review For 28 USC 2254, applicable to the Petitioner where there state of Florida Courts rejected to address the Primary Issue of the petitioner's ineffective assistance of counsel claim that was Remanded Back to the post conviction court By the state of Florida Second District Court of Appeal For an evidentiary hearing for a fact Finding Determination offense of Burglary was ineffective.

The state of Florida in their Response to the cause order from the United States District Court Northern Florida asserted the Defense that the Issue was Unexhausted. Contrary to this claim the Issue was Exhausted as evidenced By the record At fact Appendix. Should the State of Florida Be indith Defense under Rule 5 28 U.S.C 2254 (6) and (c) when the facts are Contrary to the claim of unexhausted, the Issue fairly Presented to state of Florida's highest court's Permissible. Exhausted at every level State available Under State Pla. Law.

(A) Has the District court For Florida Northern District court of the United States erred in Procedurally barring the petitioner's claim for failing to Exhaust all State Remedies, when the record and fact's to this finding. Does the District court Ruling Contradict relevant Cases, that set the Supreme court for Review of 28 u.s.c. 2254 Criteria petitions.

(B) Has the District court adjudicated an Issue that was never resolved in the state court on it's merits and the State court was Fairly Presented the for ee resolution. where the Issue the record reflect's an insufficient factual FindMS.

Was the Magistrate errored adoptions the state's defense of unexhausted and procedurally barring the petitioner's Claim ineffective assistance of Counsel advising the petitioner that consent of Oppose the occupying tenant was a viable defense to the charge of defense Burglary under Fla fenet Law?

Question Presented (AI Summary)

Whether the District Court for Florida improperly procedurally barred the petitioner's claim for failing to exhaust state remedies, where the record shows facts contrary to this finding

Docket Entries

2022-06-27
Petition DENIED.
2022-06-10
Waiver of right of respondent Mark Inch to respond filed.
2022-06-08
DISTRIBUTED for Conference of 6/23/2022.
2021-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 27, 2022)

Attorneys

Lacy Lewis
Lacy E. Lewis — Petitioner
Mark Inch
Trisha Meggs PateOffice of the Florida Attorney General, Respondent