No. 23-6007

Daniel A. Rocha v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-review constitutional-rights due-process exhaustion-of-remedies habeas-corpus indigent-defendant ineffective-assistance procedural-rules time-limitations
Latest Conference: 2024-01-05
Question Presented (from Petition)

Does Douglas v. California, 372 U.S. 353 (1963), and its progeny, require a state court to advise an indigent defendant of the procedural rules and time limitations governing claims of ineffective assistance of trial counsel in states that require these claims to be raised in an initial-review collateral proceeding?

Whether the U.S. Appeals Court's order denying Rocha a COA on Ground One based on his failure to exhaust remedies is in conflict with § 2254(b)(1)(A), (c); and O'Sullivan v. Boerckel, 526 U.S. 838 (1999), and whether that conflict is such a departure by a lower court, as to call for an exercise of this Court's supervisory power?

Whether the U.S. Appeals Court's order denying Rocha a COA on Grounds Two-Eight based on his ineffective-assistance claims having no merit is in conflict with Martinez v. Ryan, 566 U.S. 1 (2012), and 28 U.S.C. § 2254(d)(1), (2), and whether that conflict is such a departure by a lower court, as to call for an exercise of this Court's supervisory power?

Question Presented (AI Summary)

Does Douglas v. California, 372 U.S. 358 (1968), and its progeny, require a state court to advise an indigent defendant of the procedural rules and time limitations governing claims of ineffective assistance of trial counsel in states that require these claims to be raised in an initial-review collateral proceeding?

Docket Entries

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-11-30
Waiver of right of respondent Dixon, et al. to respond filed.
2023-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2023)

Attorneys

Daniel Rocha
Daniel A. Rocha — Petitioner
Dixon, et al.
Marilyn Frances MuirOffice of the Attorney General, State of Florida, Respondent