No. 23-564

Timothy Bing, Jr. v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2023-11-27
Status: Denied
Type: Paid
Response Waived
Tags: due-process effective-assistance-of-counsel plea-bargaining plea-offer pretrial-investigation pretrial-motions sixth-amendment state-attorney
Latest Conference: 2024-01-05
Question Presented (from Petition)

Whether a policy by the State Attorney's Office
which punished the petitioner for engaging in a pretrial investigation of his case as well as filing pretrial
motions to defend his case, which resulted in the State
withdrawing his plea offer based on those actions, violated the petitioner's due process rights as well petitioner's Sixth Amendment right to effective assistance
counsel.

Question Presented (AI Summary)

Whether a policy by the State Attorney's Office which punished the petitioner for engaging in a pretrial investigation of his case as well as filing pretrial motions to defend his case, which resulted in the State withdrawing his plea offer based on those actions, violated the petitioner's due process rights as well petitioner's Sixth Amendment right to effective assistance counsel

Docket Entries

2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-05
Waiver of right of respondent Mark S. Inch Secretary, Florida Department of Corrections to respond filed.
2023-11-21
Petition for a writ of certiorari filed. (Response due December 27, 2023)

Attorneys

Mark S. Inch Secretary, Florida Department of Corrections
Celia A. Terenzio — Respondent
Timothy Bing, Jr.
Jack A. FleischmanFleischman & Fleischman, P. A., Petitioner