No. 22-5666

Arturo Cano v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-09-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process habeas-corpus ineffective-assistance martinez-v-ryan pro-se procedural-default prosecutorial-misconduct sixth-amendment standing
Latest Conference: 2022-11-10
Question Presented (from Petition)

1. Whether being pro se versus being represented by counsel at the state initial collateral proceeding is a determinative factor for obtaining withdrawal from a federal habeas court when a prisoner seeks to excuse a procedural default and demonstrate that the defaulted state claim is substantive under Antiterrorism?

2. Whether Petitioner's rights to the assistance of counsel (to the protection of the right itself in conjunction with the right to be tried only for the offense charged) were violated by the prosecutor's improper and excessive questioning about petitioner's unrelated charges that were pending at the time of the trial below and counsel for those pending charges was not present?

Question Presented (AI Summary)

Whether being presented by counsel at the state initial-collateral proceedings is a determinative factor for obtaining an evidentiary hearing before a federal habeas court when a prisoner seeks to excuse a procedural default and demonstrate that the defaulted state claim is substantial under Martinez

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-26
DISTRIBUTED for Conference of 11/10/2022.
2022-10-24
Waiver of right of respondent Ricky D. Dixon to respond filed.
2022-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2022)
2022-08-22
Application (22A160) granted by Justice Thomas extending the time to file until September 15, 2022.
2022-08-05
Application (22A160) to extend the time to file a petition for a writ of certiorari from August 16, 2022 to September 30, 2022, submitted to Justice Thomas.

Attorneys

Arturo Cano
Arturo Cano — Petitioner
Ricky D. Dixon
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent