Supreme Court Report

Supreme Court of the United States · Official docket →

Robert S. Schwartzberg v. Florida

Paid petition · District Court of Appeal of Florida, First District, No. 4D21-2860 · judgment July 28, 2022


Certiorari denied · February 27, 2023
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 and a circuit split argued in the petition, and down for a state or local-government respondent.

Questions presented

This case arises from a domestic dispute involving Petitioner, Robert S. Schwartzberg. The alleged victim claimed that he attacked and sexually assaulted her. Mr. Schwartzberg claimed that she was the aggressor and that he acted in self-defense. Following his conviction, Mr. Schwartzberg sought post-conviction relief based on ineffective assistance of counsel. The questions presented are:

  1. Should a post-conviction court presume prejudice where the prosecutor obtains a defendant’s attorney-client and workproduct privileged notes prior to trial and introduces those notes as evidence of his guilt?

  2. Does the standard under Strickland v. Washington, 466 U.S. 668 (1984) require courts to consider the cumulative effect of all errors of counsel in determining whether a defendant satisfied the prejudice prong, or does a defendant need to raise an independent “claim” of cumulative error in his post-conviction pleadings before a court can consider the cumulative effect of those errors?

  3. Does a defendant carry his burden under Strickland where his counsel failed to (a) move to suppress attorney-client and work-

Counsel of record

For petitioner
Andrew Brooks Greenlee
Andrew B. Greenlee, P.A.

For respondent
Celia A. Terenzio

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, February 27, 2023 · Certiorari denied

Proceedings

  1. Feb 27 2023
    Petition DENIED.
  2. Feb 08 2023
    DISTRIBUTED for Conference of 2/24/2023.
  3. Feb 03 2023
    Waiver of right of respondent Florida to respond filed.
  4. Dec 29 2022
    Petition for a writ of certiorari filed. (Response due February 3, 2023)