No. 22-5035

Irving Lisboa-Cupely v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-07-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment appellate-review certificate-of-appealability due-process eleventh-circuit manifest-injustice miscarriage-of-justice plain-error
Latest Conference: 2022-09-28
Question Presented (from Petition)

Whether the Eleventh Circuit District Court deemed petitioner's due process of law under the Amendment of the U.S. Constitution by to issue a certificate of appealability in writ petition per paragraph 28 great evidence in support of granting one?

Whether the Middle District Court of Appeal denied petition per due process by denying with prejudice relief and rehearing contrary to the Amendment of the U.S. Constitution when great weight evidence exists support relief to issue writ to plain error miscarriage of justice/manifest injustice?

Whether Appeal denied due process under the Amendment of the U.S. Constitution by per curiam affirming of petition appeal failing to reach the merits of case due to plain error manifest injustice?

Question Presented (AI Summary)

Whether the Eleventh Circuit Court denied due process of the law under the 5th Amendment of the U.S. Constitution by failing to issue a certificate of appealability when petitioner presented great evidence in support of granting one?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-08-04
Waiver of right of respondent Ricky Dixon, et al. to respond filed.
2022-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2022)

Attorneys

Irving Lisboa-Cupely
Irving Lisboa-Cupely — Petitioner
Ricky Dixon, et al.
Rebecca Rock McGuiganOffice of Florida Attorney General, Respondent