No. 24-5464

Jeromy Schiedenhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-09-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process evidence-sufficiency ineffective-assistance trial-counsel
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-10-18
Question Presented (from Petition)

QUESTION ONE. IF TRIAL COUNSEL FAILS TO, AND REFUSES A DEFENDANTS REPEATED DEMANDS TO FILE A MOTION TO SUPPRESS AND MAKE THE PROPER FOURTH AMENDMENT CLAIMS WHEN AN ALARMING AMOUNT OF FOURTH AMENDMENT ISSUES CLEARLY EXIST, IS THAT INEFFECTIVE ASSISTANCE UNDER STRICKLAND AND A VIOLATION OF U.S. CONST. AMEND.'S SIX & XIV?

QUESTION TWO. IF TRIAL COUNSEL FAILS TO MOVE FOR JOA WHEN THE STATES EVIDENCE ON A KEY ELEMENT OF THE OFFENSE IS INSUFFICIENT TO PROVE GUILT, AND COUNSEL IS NOT AWARE OF NOR RESEARCHES, AND THEREFORE FAILS TO APPRISE THE TRIAL COURT OF A RELEVANT LAW THAT WOULD HAVE SUPPORTED A JOA ARGUMENT AS TO THE OFFENSE IN QUESTION, IS THAT INEFFECTIVE UNDER STRICKLAND AND A VIOLATION OF U.S. CONST. AMEND.'S SIX & XIV?

QUESTION THREE. IF TRIAL COUNSEL MOVES FOR JOA ON AN OFFENSE, BUT FAILS TO ARGUE THAT THE STATES EVIDENCE ON A KEY ELEMENT OF THE OFFENSE WAS INSUFFICIENT TO PROVE GUILT, IS THAT INEFFECTIVE ASSISTANCE UNDER STRICKLAND AND A VIOLATION OF U.S. CONST. AMENDS SIX & XIV?

QUESTION FOUR. IF TRIAL COUNSEL FAILS TO OBJECT TO "PURE OPINION" TESTIMONY THAT CLEARLY INVADES THE PROVINCE OF THE JURY, IS THAT INEFFECTIVE UNDER STRICKLAND AND A VIOLATION OF U.S. CONST. AMENDS SIX & XIV?

Question Presented (AI Summary)

Whether Texas counsel fails to adequately challenge insufficient evidence and provide ineffective assistance of counsel in violation of U.S. Constitutional rights

Docket Entries

2024-10-21
Petition DENIED.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-10-02
Waiver of right of respondent Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. to respond filed.
2024-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2024)
2024-05-24
Application (23A1053) granted by Justice Thomas extending the time to file until July 19, 2024.
2024-05-13
Application (23A1053) to extend the time to file a petition for a writ of certiorari from June 19, 2024 to August 18, 2024, submitted to Justice Thomas.

Attorneys

Jeromy Schiedenhelm
Jeromy Schiedenhelm — Petitioner
Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.
Richard Alexander Pallas Jr.State of Florida Office of the Attorney General, Respondent