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Eric Lucas v. Florida Department of Corrections, et al.
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 19-14394 · judgment January 8, 2021
Question presented
Whether Petitioner’s Constitutional Rights Under The 5th, 6th And 14th Amendments Were Violated When The State’s Motions To Allow Hearsay Evidence To Be Admitted During Petitioner’s State Jury Trial Was Granted Over Objection. Whether The Prosecution Violated Petitioner’s Constitutional Rights Under The 5th And 14th Amendments By Multiple Improper Statements Made During Trial Where Those Statements Advised, Encouraged And Led The Jury To Convict Petitioner Based Upon Proof Less Than That Beyond A Reasonable Doubt Whether Trial Counsel’s Performance Fell Below The Standard Of The Sixth Amendment To The U.S. Constitution For Failing To Consult And/Or Hire An Expert Witness In The Area Of Eye Injuries (Ophthalmologist) To Rebut The State’s Claim Of Permanent Damage As An Element Of Aggravated Battery. Whether Trial Counsel’s Performance Fell Below The Standard Of The Sixth Amendment To The U.S. Constitution For Allowing The Prosecution To Present An Out-Of-Court Statement Without Objection As To The Authentication Of The Identity Of The Speakers? Whether Trial Counsel’s Performance Fell Below The Standard Of The Sixth Amendment To The U.S. Constitution For Failing To Utilize A Police Report To Impeach The Victim Regarding Inconsistent Statements On A Critical Issue In The Case, The Defendant’s Identity. Whether Trial Counsel’s Performance Fell Below The Standard Of The Sixth Amendment To The U.S. Constitution For Failing To Present A Available Viable Alibi Defense.
Counsel of record
For petitioner
Eric Lucas
For respondent
Celia A. Terenzio
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 04 2021Petition DENIED.
- Jun 17 2021DISTRIBUTED for Conference of 9/27/2021.
- Jun 16 2021Waiver of right of respondent Florida Department of Corrections, et al. to respond filed.
- May 27 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2021)