No. 24-5308

Charles Grover Brant v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-08-13
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: capital-case certificate-of-appealability collateral-review habeas-corpus ineffective-assistance-of-counsel strickland-standard
Key Terms:
DueProcess HabeasCorpus Punishment Patent JusticiabilityDoctri
Latest Conference: 2024-11-01
Question Presented (from Petition)

1. Whether a federal circuit court is patently wrong in denying a Certificate of
Appealability in a capital case where a state habeas petitioner identifies specific
failings by trial counsel, offers overwhelming detailed mitigation discovered in
collateral proceedings centrally relevant to the facts of the crime, and identifies
objectively unreasonable applications of clearly established federal law by the
state court.

2. Whether a state court's unreasonable application of this Court's Strickland
prejudice standard in applying a piece-meal prejudice analysis to a claim- which
necessarily diminishes the assessment of the weight of mitigation presented —
presents a claim debatable among jurists of reason when four other federal
circuits have held failure to assess prejudice in its totality is an unreasonable
application of clearly established federal law.

Question Presented (AI Summary)

Whether a federal circuit court is patently wrong in denying a Certificate of Appealability in a capital case where a state habeas petitioner identifies specific failings by trial counsel and offers overwhelming detailed mitigation discovered in collateral proceedings

Docket Entries

2024-11-04
Petition DENIED.
2024-10-17
DISTRIBUTED for Conference of 11/1/2024.
2024-10-02
Brief of Secretary, Department of Corrections, et al. in opposition submitted.
2024-10-02
Brief of respondent Ricky D. Dixon, Secretary,Florida Department of Corrections, et al. in opposition filed.
2024-08-19
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2024. See Rule 30.1.
2024-08-15
Motion of Secretary, Department of Corrections, et al. for an extension of time submitted.
2024-08-15
Motion to extend the time to file a response from September 12, 2024 to October 14, 2024, submitted to The Clerk.
2024-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2024)
2024-06-27
Application (23A1164) granted by Justice Thomas extending the time to file until August 8, 2024.
2024-06-25
Application (23A1164) to extend the time to file a petition for a writ of certiorari from July 9, 2024 to September 7, 2024, submitted to Justice Thomas.

Attorneys

Charles Brant
Marie-Louise Samuels ParmerSamuels Parmer Law, P.A., Petitioner
Secretary, Department of Corrections, et al.
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent