No. 22-7036

Michael Lawrence Cassidy v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-03-17
Status: Denied
Type: IFP
IFP
Tags: actual-innocence certificate-of-appealability constitutional-right habeas-corpus ineffective-assistance-of-counsel procedural-default statute-of-limitations
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-05-18
Question Presented (from Petition)

If a habeas petitioner seeks to expand a previously granted COA on a petition that was denied for procedural reasons, is it necessary for him to make another, separate showing of the denial of a constitutional right?

2. For a habeas petitioner raising actual innocence under McQuiggin v. Perkins, to by-pass the AEDPA's 1 year statute of limitations, does the "new evidence" rule articulated in Schulp v. Delo, require the evidence to be newly discovered after trial, or can the petitioner rely upon evidence known about at the time of trial, but was not presented to the jury due to the ineffective assistance of counsel?

Question Presented (AI Summary)

If a habeas petitioner seeks to expand a previously granted COA on a petition that was denied for procedural reasons, is it necessary for him to make another, separate showing of the denial of a constitutional right?

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2023)

Attorneys

Michael L. Cassidy
Michael Lawrence Cassidy — Petitioner