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Daniel David Strader v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al.

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 24-11094 · judgment September 10, 2024


Certiorari denied · October 6, 2025

Question presented

Question (1) In light of Mitchell v. United States, 526 U.S. 314,119 S.Ct. 1307, 143 L. Ed. 2d 424 (1999) and Erlinger v. United States, 144 S.Ct. 1840 (2024), does a court violate the Fifth and Fourteenth Amendments to the United States Constitution when it holds a petitioner's silence at sentencing against him in determining underlying facts of an offense at a later date and uses that silence as the sole definitive factor to deny a petitioner relief? Questions (2) Does a federal circuit court violate a petitioner’s right to due process of law under the Fourteenth Amendment to the United States Constitution by failing to consider newly discovered evidence obtained for the first time on appeal? LIST OF PARTIES All parties appear in the Caption of the case on the cover page. CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT (CIP) U.S. Supreme Court Rule 29:6 requires the petitioner to file a Certificate of Interested Persons and Corporate Disclosure Statement (CIP) with this court within 14 days after the date the case or appeal is docketed in this court, and to include a CIP within every motion, petition, brief, answer, response, and reply filed. Also, all appellees, intervenors, respondents, and all other parties to the case or appeal must file a CIP within 28 days after the date the case or appeal is docketed in this court. In alphabetical order, with one name per line, please list all trial judges, attorneys, persons, associations of persons, firms, partnerships, or corporations that have an

Counsel of record

For petitioner
Daniel David Strader

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 17 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Feb 28 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2025)