No. 24-5799

Maria Navarro Martin v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2024-10-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process exhaustion-doctrine federal-law habeas-corpus state-statute
Latest Conference: 2024-12-13
Question Presented (from Petition)

WHETHER THE ADHERENCE TO AN UNCONSTITUTIONAL STATE
LAW IS NOT MANDATE BY A FEDERAL LAW UNDER AN
UNCONSTITUTIONAL STATE STATUTE OF CONVICTION THAT
"VIOLATE DUE PROCESS. ART. I, 9, FLA. CONST. ACCORD U.S. CONST.
AMEND. XIV", DOES THE POLICY OF EXHAUSTION IN FEDERAL
HABEAS CORPUS ACTIONS, REQUIRE THE EXHAUSTION OF
INADEQUATE REMEDIES?(1)

IN THE LIGHT OF THIS COURT PRECEDENT IN ROSE V. LUNDY, 455
U.S. 509, 522, 102 S. CT. 1198, 71 L. ED. 2D 379 (1982). DOES THE
DISTRICT COURT SHOULD DISMISS THE PETITION WITHOUT
PREJUDICE TO ALLOW EXHAUSTION AND THE CIRCUIT COURT WAS
INCORRECT IN NOT INQUIRING WHETHER A "SUBSTANTIAL
SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT" HAD BEEN
PROVED ?(2)

Question Presented (AI Summary)

Whether the exhaustion of inadequate remedies in federal habeas corpus actions requires dismissal of a petition under an unconstitutional state statute that violates due process

Docket Entries

2024-12-16
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2024-11-27
DISTRIBUTED for Conference of 12/13/2024.
2024-11-25
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2024-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2024)

Attorneys

Dixon, Sec., FL DOC
Douglas T. SquireOffice of the Attorney General, Respondent
Maria Navarro Martin
Maria Navarro Martin — Petitioner