No. 24-6876

Ishmael Anthony Peters v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2025-03-27
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability constitutional-claim federal-review habeas-corpus ineffective-assistance strickland-standard
Latest Conference: 2025-05-15
Question Presented (from Petition)

1. Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his claim that the state court's denial of his ineffective assistance of counsel claims – premised on a finding that the Petitioner was not prejudiced by the ineffectiveness – was based on an unreasonable application of Strickland v. Washington, 466 U.S. 668 (1984).

2. Whether a freestanding claim of actual innocence is cognizable in a 28 U.S.C. § 2254 proceeding.

Question Presented (AI Summary)

Whether the court of appeals improperly denied the Petitioner a certificate of appealability under 28 U.S.C. § 2253(c) on his ineffective assistance of counsel claim based on an unreasonable application of Strickland v. Washington

Docket Entries

2025-05-19
Petition DENIED.
2025-04-24
DISTRIBUTED for Conference of 5/15/2025.
2025-04-21
Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
2025-02-21
2024-12-20
Application (24A618) granted by Justice Thomas extending the time to file until February 21, 2025.
2024-12-18
Application (24A618) to extend the time to file a petition for a writ of certiorari from January 22, 2025 to February 21, 2025, submitted to Justice Thomas.

Attorneys

Dixon, Sec., FL DOC
Rebecca Rock McGuiganOffice of Florida Attorney General , Respondent
Ishmael Anthony Peters
Michael Robert UffermanMichael Ufferman Law Firm, P.A., Petitioner