No. 24-6950

Daontae T. Scott v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2025-04-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: confrontation-clause criminal-procedure due-process habeas-corpus ineffective-assistance sixth-amendment
Key Terms:
DueProcess FourthAmendment HabeasCorpus Privacy
Latest Conference: 2025-05-15
Question Presented (from Petition)

(1) DOES TRIAL COUNSEL'S FAILURE TO INVESTIGATE, PROCURE EXCULPATORY EVIDENCE (SECURITY CAMERA FOOTAGE), OTHER INFORMATION FROM THE LOCATION CRIME SCENE ABROGATE APPELLANT'S 6th AND 14™ AMENDMENT RIGHTS TO CONFRONT A WITNESS AND TO DUE PROCESS RESPECTIVELY?

(2) THE HONORABLE COURT ISSUED A CERTIFICATE OF APPEALABILITY TO REVIEW ONE ISSUE; WHETHER THE DISTRICT COURT ERRED BY FINDING THAT GROUND (3) OF SCOTT PETITIONER'S FIRST AMENDED PETITION IN PART, SUCH THAT ONLY HIS CLAIM THAT COUNSEL WAS INEFFECTIVE FOR FAILING TO REVIEW SECURITY CAMERA FOOTAGE COULD BE REVIEWED AS TIMELY?

(3) THE QUESTION PRESENTED CONCERNS THE TIMELINESS OF APPELLANTS 6™ AMENDMENT CLAIM THAT COUNSEL FAILED TO INVESTIGATE AND OBTAIN SURVEILLANCE VIDEO FROM THE SHOP WHERE THE INCIDENT GIVING RISE TO THE INSTANT CHARGES TOOK PLACE?

Question Presented (AI Summary)

Whether trial counsel's failure to investigate and procure exculpatory security camera footage abrogates the appellant's Sixth and Fourteenth Amendment rights to confront witnesses and due process

Docket Entries

2025-05-19
Petition DENIED.
2025-04-30
DISTRIBUTED for Conference of 5/15/2025.
2025-04-25
Waiver of right of respondent Rickey Dixon, Secretary, Florida Department of Corrections to respond filed.
2025-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 9, 2025)

Attorneys

Daontae T. Scott
Daontae T. Scott — Petitioner
Rickey Dixon, Secretary, Florida Department of Corrections
Trisha Meggs PateOffice of the Attorney General , Respondent