Brown v. Dixon

15 Citing cases

  1. Pierre v. Dixon

    1:21-cv-21952-KMM (S.D. Fla. Jul. 11, 2024)

    To qualify as exhausted, a federal claim must be “fairly presented” to the state court. Picard v. Connor, 404 U.S. 270, 275; Brown v. Dixon, 591 F.Supp.3d 1251, 1266 (S.D. Fla. 2022),

  2. Deronville v. Warden, Fla. State Prison

    No. 24-80148-CIV-ALTONAGA (S.D. Fla. May. 13, 2024)

    Consequently, if a claim raised in a section 2254 petition is unexhausted, the claim is barred from consideration and must be dismissed. See Brown v. Dixon, 591 F.Supp.3d 1251, 1265 (S.D. Fla. 2022), certificate of appealability denied sub nom. Brown v. Dep't of Corr., No. 22-11344, 2023 WL 3064699 (11th Cir. Feb. 17, 2023).

  3. Williams v. Fla. Dep't of Corr.

    23-cv-60226-BLOOM (S.D. Fla. Jan. 29, 2024)

    Consequently, if a claim raised in a § 2254 petition is not exhausted, the claim is barred from consideration and must be dismissed. See Brown v. Dixon, 591 F.Supp.3d 1251, 1265 (S.D. Fla. 2022) certificate of appealability denied sub nom Brown v. Dep't of Corr., No. 2211344, 2023 WL 3064699 (11th Cir. Feb. 17, 2023).

  4. Calder v. Dixon

    23-cv-60762-ALTMAN (S.D. Fla. Dec. 18, 2023)   Cited 1 times

    See, e.g., Ether v. Dixon, 2022 WL 1908918, at *22 (S.D. Fla. June 3, 2022) (Altman, J.) (“Even if the prosecutor's statement had been improper, a good lawyer might justifiably suppose that there's little to be gained from objecting.... [A] seasoned lawyer might forego the objection . . . in order to avoid the dual implication that the State was onto something and that, whatever that harmful thing was, Ether was trying to hide it.” (first citing Brewster v. Hetzel, 913 F.3d 1042, 1057 (11th Cir. 2019); and then citing Brown v. Dixon, 591 F.Supp.3d 1251, 1279 (S.D. Fla. 2022) (Altman, J.))). For one thing, any such objection would only highlight for the jury the defense lawyer's view that the prosecutor had just said something damaging.

  5. Camacho-Villanueva v. Dixon

    23-cv-14186-ALTMAN (S.D. Fla. Dec. 8, 2023)   Cited 1 times

    Camacho's completely unsubstantiated claim that the 94-year-old victim purposely injured herself to create sympathy or to “exaggerate the situation” is so outrageous and incendiary that, had this argument been advanced at trial, it would only have turned the jury more stridently against him. Cf. Brown v. Dixon, 591 F.Supp.3d 1251, 1279 (S.D. Fla. 2022) (Altman, J.) (“[D]efense lawyers often use special care in examining witnesses who (as here) claim to have been abused.

  6. Johnson v. Fla. Dep't of Corr.

    22-cv-14280 (S.D. Fla. Nov. 20, 2023)

    ]” Harrington, 562 U.S. at 103 (citing Wainwright v. Sykes, 433 U.S. 72, 90 (1977)). Consequently, if a claim raised in a section 2254 petition is not exhausted, the claim is barred from consideration and must be dismissed. See Brown v. Dixon, 591 F.Supp.3d 1251, 1265 (S.D. Fla. 2022) certificate of appealability denied sub nom Brown v. Dep't of Corr., No. 22-11344, 2023 WL 3064699 (11th Cir. Feb. 17, 2023).

  7. Budd v. Fla. Dep't of Corr.

    No. 22-81441-CIV-ALTONAGA (S.D. Fla. Nov. 3, 2023)

    Consequently, if a claim raised in a section 2254 petition is unexhausted, the claim is barred from consideration and must be dismissed. See Brown v. Dixon, 591 F.Supp.3d 1251, 1265 (S.D. Fla. 2022) certificate of appealability denied sub nom Brown v. Dep't of Corr., No. 22-11344, 2023 WL 3064699 (11th Cir. Feb. 17, 2023).

  8. Wilkins v. United States

    No. 23-80033-CIV-ALTMAN (S.D. Fla. Jul. 14, 2023)

    Instead, the record seems clear that counsel chose not to pursue this line of questioning-probably because it would have been a bad look for the harassing ex-boyfriend to vigorously cross-examine the female victim about her struggles with mental health. Cf. Brown v. Dixon, 591 F.Supp.3d 1251, 1279 (S.D. Fla. 2022) (Altman, J.) (“[D]efense lawyers often use special care in examining witnesses who (as here) claim to have been abused.

  9. Wilkins v. United States

    682 F. Supp. 3d 1137 (S.D. Fla. 2023)

    Instead, the record seems clear that counsel chose not to pursue this line of questioning—probably because it would have been a bad look for the harassing ex-boyfriend to vigorously cross-examine the female victim about her struggles with mental health. Cf. Brown v. Dixon, 591 F. Supp. 3d 1251, 1279 (S.D. Fla. 2022) (Altman, J.) ("[D]efense lawyers often use special care in examining witnesses who (as here) claim to have been abused. And with good reason: lawyers don't want to look as though they're beating up on sympathetic victims.").

  10. Perri v. Dixon

    No. 22-CV-14109-RAR (S.D. Fla. Oct. 5, 2022)

    To start, “a federal claim must be ‘fairly presented' to the state court.” Brown v. Dixon, No. 19-60704-CIV, 2022 WL 1197657, at *4 (S.D. Fla. Mar. 15, 2022) (citing Picard, 404 U.S. at 275).