No. 23-6363

Matthew Reid Hinson v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-12-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competent-counsel due-process equal-protection fair-trial fourteenth-amendment ineffective-assistance-of-counsel plea-bargaining right-to-counsel sixth-amendment
Latest Conference: 2024-02-16
Question Presented (from Petition)

DOES AN ATTORNEY ADVISING HIS CLIENT TO ENTER A GUILTY PLEA WITHOUT
FIRST INVESTIGATING THE CASE AND/OR INTERVIEWING WITNESSES THEN
DISCUSSING VIABLE DEFENSES WITH HIS CLIENT CONSTITUTE A VIOLATION
OF THE SIXTH AMENDMENT'S GUARANTEE OF A FAIR AND IMPARTIAL TRIAL.
AND COMPETENT REPRESENTATION OF COUNSEL. AND THE FOURTEENTH
AMENDMENT'S GUARANTEE OF DUE PROCESS AND EQUAL PROTECTION OF
THE LAW?

Question Presented (AI Summary)

Does an attorney's failure to investigate, interview witnesses, and discuss defenses before advising a guilty plea violate the Sixth Amendment's right to fair trial and competent counsel, and the Fourteenth Amendment's due process and equal protection?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-12
Waiver of right of respondent Ricky D. Dixon to respond filed.
2023-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 26, 2024)

Attorneys

Matthew Reid Hinson
Ricky D. Hinson — Petitioner
Ricky D. Dixon
Trisha Meggs PateOffice of the Attorney General , Respondent