No. 18-5453

Mark Elliott v. Carmen Denise Palmer, Warden

Lower Court: Sixth Circuit
Docketed: 2018-08-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: brady-v-maryland brady-violation confrontation-clause due-process due-process-brady-v-maryland favorable-to-accused hearsay-testimony ineffective-assistance ineffective-assistance-of-counsel material-evidence prosecutorial-misconduct remand-for-coa right-to-confrontation sixth-amendment
Latest Conference: 2019-05-09 (distributed 2 times)
Question Presented (from Petition)

QUESTION I:
In Brady v. Maryland, this Court announced that it violates due process when
the prosecution fails to dis close material information favorable to the accused. 373 U.S. 83, 87 (1.963). The question presented is: whether under Brady
and its progeny, could reasonable jurist debate whether the prosecution team's
intentional nondisclosure of Petitioner's requested 911 audio recordings requires that his convictions be set asideor that remand is necessary for the
issuance of a COA.

QUESTION II:
In Strickland v. Washington, this Court recognized the Sixth Amendment right
to counsel exists and is needed in order to protect the fundamental right to
a fair trial. 466 U.S. 668, 684 (1984). The question presented is: whether
under Strickland and its progeny, could reasonable jurist debate if initially
retained, pretrial counsel was ineffectie for failing to use any legal means
other than basic discovery to obtain Petitioner's 911 audio recordings that
Petitioner made counsel aware of when he was retained, implored counsel to
obtain said recordings and that were critical to his defense; and, 'if such ineffectiveness requires Petitioner's convictions to be set aside or a remand
for a COA to issue

QUESTION III:
In Crawford v. Washington, this Court announced- that where testimonial evidence is at issue, the Sixth Amendment demands unavailability, a prior opportunity for cross-examination, or plainly, confrontation of one's accusers.
541 U.S. 36, 37-38 (2004). The question presented is: whether under Crawford
and. its progeny, could reasonable jurist debate whether the expert medical
examiner's hearsay testimony, from a Detroit Police Fatal Squad report , that
was-compiled from unnamed witnesses' statements on the ultimate issue of
intent., violated Petitioner's Sixth Amendment right to confrontation an if
such violation requires Petitioner's convictions to,be set aside or a remand is necessary for a COA.

QUESTION IV:
In Strickland v. Washington, this Court recognized the Sixth Amendment right
to counsel exists and is needed in order to protect the fundamental right to
a fair trial. 466 U.S. 668, 684 (1984). The question 'presented is: whether
under Strickland and its progeny, could reasonable jurist debate-whether trial
counsel was constitutionally ineffective for failing to object and request a
curative instruction to the, obvious, 'highly prejudicial hearsay testimony of
the expert medical examiner that came from a document prepared by the Detroit
Police Fatal S.quad,and..wâ's: compiled from unnamed witnesses statements; and,-.
does such ineffectiveness; require Petitioner's convictions to be set aside or
a remand is necessary fQr a COA.

QUESTION V:
In Evitts v. Lucey, this Court announced that nominal representation on an
appeal of right, like nominal representation at trial, do not suffice to
render the proceedings constitutionally adequate. 469 U. S. 387, 396 (1985).
The question presented is: whether under Evitts and its progeny, could reasonable jurist debate whether appellate counsel was constitutionally ineffective

Question Presented (AI Summary)

whether-under-brady-and-its-progeny-the-prosecution's-intentional-nondisclosure-of-petitioner's-requested-911-audio-recordings-requires-his-convictions-to-be-set-aside-or-a-remand-for-coa

Docket Entries

2019-05-13
Rehearing DENIED.
2019-04-17
DISTRIBUTED for Conference of 5/9/2019.
2019-04-10
Application (18A1041) to file petition for rehearing in excess of page limits granted by Justice Sotomayor. The petition for rehearing may not exceed 23 pages.
2018-10-29
Application (18A1041) to file petition for rehearing in excess of page limits, submitted to Justice Sotomayor.
2018-10-29
Petition for Rehearing filed.
2018-10-09
Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-13
DISTRIBUTED for Conference of 10/5/2018.
2018-09-05
Waiver of right of respondent Carmen D. Palmer, Warden to respond filed.
2018-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2018)
2018-03-23
Application (17A1012) granted by Justice Kagan extending the time to file until May 15, 2018.
2018-03-07
Application (17A1012) to extend the time to file a petition for a writ of certiorari from April 10, 2018 to May 15, 2018, submitted to Justice Kagan.

Attorneys

Carmen D. Palmer, Warden
Aaron David LindstromMichigan Department of Attorney General, Respondent
Mark Elliott
Mark G. Elliott — Petitioner