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Luckner Pierre v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 20-13156 · judgment April 2, 2021


Certiorari denied · October 4, 2021

Questions presented

  1. Whether the U.S. Court of Appeal for the 11th Circuit denied the Petitioner his Procedural Due Process Right and access to Court when it declined to grant him C.O.A. so the denial decision of the U.S. District Court for the Southern District could be reviewed on appeal?

  2. Whether the Petitioner as a mentally retarded person with barely a 3 rd grade education, who speaks no English, was competent enough to knowingly and intelligently waive his Miranda warning to remain silent and to have counsel present during police interrogation without the assistance of a certified Creole interpreter?

  3. Whether the Petitioner as a mentally retarded person who speaks no English was competent enough to knowingly and intelligently waive his right to testify on his own behalf without the assistance of a certified Creole interpreter?

  4. Whether the Petitioner as a mentally retarded person who speaks no English but only Creole was competent enough to knowingly and intelligently waive his right to a jury trial without the assistance of a certified Creole interpreter?

  5. Whether the Petitioner as a mentally retarded person who speaks no English was competent enough to knowingly and intelligently reject a favorable plea without the assistance of a certified Creole interpreter.

Counsel of record

For petitioner
Luckner Pierre

For respondent
Celia A. Terenzio

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jul 06 2021
    Waiver of right of respondent Inch, Sec., FL DOC, et al. to respond filed.
  4. Jun 15 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2021)