· 3/23/2007
Jose Jimenez v. Florida Dept. of Corrections
Citations
- 481 F.3d 1337
- 2007 U.S. App. LEXIS 6803
- 2007 WL 866226
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a petitioner must “make the state court aware that the claims asserted present federal constitutional issues”
- denying the certificate of appealability to appeal the federal district court's denial of the habeas petition
- “[T]o exhaust state remedies fully, the petitioner must make the state court aware that the claims asserted present federal constitutional issues.”
- “[I]f unexhausted claims would be procedurally barred in state court under the state’s law of procedural default, the federal court may consider the barred claims as having no basis for federal habeas relief.”
- “A petitioner cannot establish constitutionally ineffective assistance of counsel in state post-conviction proceedings because there is 9 Giglio v. United States, 405 U.S. 150 (1972). no constitutional right to an attorney in such proceedings.”
- finding equitable tolling and denying motion to dismiss for untimeliness
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Black, Carnes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.