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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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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:
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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?
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Does a federal court owe AEDPA deference to findings from a state post-conviction court that a habeas petitioner received deficient performance?
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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?
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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
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2024Petition DENIED.
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 11 2024Waiver of right of respondent Dixon, Sec., FL DOC to respond filed.
- Jun 17 2024Petition for a writ of certiorari filed. (Response due July 22, 2024)