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Francisco De Aragon v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-12245 · judgment March 18, 2024


Certiorari denied · October 7, 2024
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, an Eleventh Circuit decision below, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Questions presented

This case arises from a habeas petition brought under 28 U.S.C. § 2254 alleging ineffective assistance of counsel in violation of the Sixth Amendment to the United States Constitution. This petition presents the following questions for review:

  1. Does Strickland v. Washington, 466 U.S. 668 (1984) require a court to evaluate the cumulative effect of the errors of counsel in determining whether prejudice is shown?

  2. Does a federal court owe AEDPA deference to findings from a state post-conviction court that a habeas petitioner received deficient performance?

  3. In an ineffective assistance of counsel claim predicated on the failure to preserve a cause objection to a juror, does a petitioner have to show that the seated juror is “actually biased” to obtain relief?

  4. Does a habeas petitioner make “a substantial showing of the denial of a constitutional right,” 28 U.S.C. § 2253(c)(2), as required for the issuance of a certificate of appealability, where he shows the state post-conviction court applied the wrong standard for prejudice under Strickland and identifies multiple errors that undermine the reliability of the result at trial?

Counsel of record

For petitioner
Andrew Brooks Greenlee

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, October 7, 2024 · Certiorari denied

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 17 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jul 11 2024
    Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
  4. Jun 17 2024
    Petition for a writ of certiorari filed. (Response due July 22, 2024)