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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


Certiorari denied · January 13, 2020
Pre-decision estimate: 4% cert probability

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

  1. 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?

  2. 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

Case

Conference history
Distributed for 1 conference

Linked docket
19A356

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 27 2019
    Waiver of right of respondent Secretary, Florida Department of Corrections to respond filed.
  3. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  4. Nov 05 2019
    Petition for a writ of certiorari filed. (Response due December 9, 2019)
  5. Oct 02 2019
    Application (19A356) granted by Justice Thomas extending the time to file until November 8, 2019.
  6. Sep 20 2019
    Application (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.