No. 23-1329

Francisco De Aragon v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2024-06-20
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: aedpa certificate-of-appealability habeas ineffective-assistance-of-counsel sixth-amendment strickland-v-washington
Key Terms:
HabeasCorpus Securities
Latest Conference: 2024-09-30
Question Presented (from Petition)

This case arises from a habeas petition brought under 28 U.S.C. § 2254 alleging ineffective assistance of counsel in violation of the Sixth Amendment to the United States Constitution. This petition presents the following questions for review:

1. Does Strickland v. Washington, 466 U.S. 668 (1984) require a court to evaluate the cumulative effect of the errors of counsel in determining whether prejudice is shown?

2. Does a federal court owe AEDPA deference to findings from a state post-conviction court that a habeas petitioner received deficient performance?

3. In an ineffective assistance of counsel claim predicated on the failure to preserve a cause objection to a juror, does a petitioner have to show that the seated juror is "actually biased" to obtain relief?

4. Does a habeas petitioner make "a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), as required for the issuance of a certificate of appealability, where he shows the state post-conviction court applied the wrong standard for prejudice under Strickland and identifies multiple errors that undermine the reliability of the result at trial?

Question Presented (AI Summary)

Does Strickland require cumulative-effect-of-errors evaluation,does-AEDPA-deference-apply-to-state-court-findings-favorable-to-petitioner,does-actual-bias-of-juror-need-to-be-shown,does-showing-of-wrong-prejudice-standard-merit-COA

Docket Entries

2024-10-07
Petition DENIED.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-11
Waiver of Dixon, Sec., FL DOC of right to respond submitted.
2024-07-11
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2024-06-17

Attorneys

Dixon, Sec., FL DOC
Celia A. Terenzio — Respondent
Francisco De Aragon
Andrew Brooks Greenlee — Petitioner