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Chesley Eugene Saunders v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-11305 · judgment July 8, 2019
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and an Eleventh Circuit decision below, and down for a state or local-government respondent.
Questions presented
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Whether the Due Process Clause of the United States Constitution and the Constitutional Guarantees of a Fundamentally Fair Trial permit a criminal trial to be presided over by a judge who was the defendant's former attorney, who the client had discharged for professional misconduct, on a substantially related case, and where the trial judge issued a ruling concerning the admissibility of the underlying facts of the prior case, with which the court had confidential information by virtue of the prior representation, that negatively impacted the defendant?
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Whether the Sixth Amendment guarantee of effective assistance of counsel permits a defense lawyer, who had worked in the same office as the trial judge, who knew and had reason to know that the trial judge had previously represented the defendant on a substantially and closely related matter, to fail to move to recuse the judge and fail to present a defense?
Counsel of record
For petitioner
Patrick Michael Megaro
Halscott Megaro, P.A.
For respondent
Wesley Heidt
Proceedings
- Jan 13 2020Petition DENIED.
- Dec 27 2019Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Nov 05 2019Petition for a writ of certiorari filed. (Response due December 9, 2019)
- Oct 02 2019Application (19A356) granted by Justice Thomas extending the time to file until November 8, 2019.
- Sep 20 2019Application (19A356) to extend the time to file a petition for a writ of certiorari from October 6, 2019 to November 8, 2019, submitted to Justice Thomas.