No. 22-5200

Robert Oulton, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-07-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure certificate-of-appealability constitutional-rights constitutional-showing due-process eleventh-circuit federal-jurisdiction federal-review habeas-corpus indigent-rights ineffective-assistance-of-counsel procedural-standard
Latest Conference: 2022-09-28
Question Presented (from Petition)

QUESTION ONE:
IN FILING FOR A COA, CAN A SPECIFIC REFERENCE TO THE RECORD BY AN
INDIGENT BE CONSIDERED A SUBSTANTIVE PART OF DEMONSTRATING "A
SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT "; AND
DID PETITIONER DEMONSTRATE A SUFFICIENT SHOWING TO BE GRANTED A
COA?

QUESTION TWO:
DID THE ELEVENTH CIRCUIT COURT OF APPEALS IGNORE THE FLORIDA
COURT' S CREATION OF NEW EXCEPTIONS TO ESTABLISHED FEDERAL
CONSTITUTIONAL LAW WHEN IT DENIED PETITIONER 'S COA; AND SHOULD
PETITIONER HAVE BEEN GRANTED THE COA?

Question Presented (AI Summary)

Can a specific record reference by an indigent be considered a substantive part of demonstrating a substantial showing of the denial of a constitutional right; should petitioner have been granted a COA

Docket Entries

2022-10-03
Petition DENIED.
2022-09-01
DISTRIBUTED for Conference of 9/28/2022.
2022-08-26
Waiver of right of respondent Ricky D. Dixon to respond filed.
2022-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2022)

Attorneys

Ricky D. Dixon
Celia A. Terenzio — Respondent
Robert Oulton, Jr.
Robert Oulton — Petitioner