No. 22-6645

Kimberlee Szewczyk v. Florida

Lower Court: Florida
Docketed: 2023-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process fair-trial fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel sixth-amendment strickland-standard strickland-v-washington
Latest Conference: 2023-02-24
Question Presented (from Petition)

Does the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fail to protect the Sixth Amendment right to a fair trial and the Fourteenth Amendment right to due process when a trial court finds grounds of unconstitutional performance of counsel, but that same court can deny relief following a "no prejudice" analysis that relies on a trial record shaped by trial counsel's ineffective representation and the consequences of said representation?

Question Presented (AI Summary)

Does the standard for assessing ineffective assistance of counsel claims, announced in Strickland v. Washington, fail to protect the Sixth Amendment right to a fair trial and the Fourteenth Amendment right to due process when a trial court finds grounds of unconstitutional performance of counsel, but that same court can deny relief following a 'no prejudice' analysis that relies on a trial record shaped by trial counsel's ineffective representation and the consequences of said representation?

Docket Entries

2023-02-27
Petition DENIED.
2023-02-09
DISTRIBUTED for Conference of 2/24/2023.
2023-02-06
Waiver of right of respondent Florida to respond filed.
2023-01-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2023)

Attorneys

Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Kimberlee Szewczyk
Rachael Elizabeth ReeseO'Brien Hatfield Reese, P.A., Petitioner