No. 23-7765

Leon Davis, Jr. v. Florida, et al.

Lower Court: Florida
Docketed: 2024-06-20
Status: Denied
Type: IFP
IFP
Tags: capital-punishment cumulative-error death-penalty ineffective-assistance ineffective-assistance-of-counsel jury-selection prosecutorial-discretion strickland-prejudice strickland-standard
Latest Conference: 2024-09-30
Question Presented (from Petition)

Counsel failed to object to the capital trial court's multiple misleading and inappropriate comments during jury selection about the uniquely gruesome nature of the evidence and the prosecution's exercise of discretion to seek death only in appropriate cases. Under these circumstances, should Strickland prejudice be found where counsels' cumulative failures to object to the improper comments created a reasonable probability of a different outcome but for counsels' deficient performance?

Question Presented (AI Summary)

Counsel's-failure-to-object-to-trial-court's-comments-during-jury-selection

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-07-26
Reply of Leon Davis submitted.
2024-07-26
Reply of petitioner Leon Davis, Jr., filed.
2024-07-26
Reply of petitioner Leon Davis, Jr. filed.
2024-07-16
Brief of Florida, et al. in opposition submitted.
2024-07-16
Brief of respondent Florida, et al. in opposition filed.
2024-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)

Attorneys

Florida, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Leon Davis
Stacy Rowell Biggart — Petitioner