No. 22-6387

Kenakil Gibson v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2022-12-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process fair-presentation federal-claim federal-jurisdiction habeas-corpus jackson-standard procedural-default standing state-court state-court-proceedings
Latest Conference: 2023-02-17
Question Presented (from Petition)

Does state prisoner "fairly present " federal nature of his claim on direct appeal where he cites to a lone Florida Supreme Court case that cites to, and was decided on, federal grounds?

Where state and federal claims share the same legal standard, has a federal claim been "fairly presented " when the state court necessarily rejects the federal claim in ruling on the state claim?

Does sufficiency-of-the-evidence claim, where state and federal law share identity, "fairly present " the federal nature of a state-law claim when state court must naturally use the standard set forth in Jackson v. Virginia, 443 U.S. 307 (1979) in order to adjudicate the claim?

Question Presented (AI Summary)

Does state prisoner fairly present federal nature of his claim on direct appeal

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-12
Waiver of right of respondent Ricky D. Dixon to respond filed.
2022-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 23, 2023)

Attorneys

Kenakil Gibson
Kenakil Gibson — Petitioner
Ricky D. Dixon
Celia A. Terenzio — Respondent