No. 18-6372

Michael Small v. Cherry Lindamood, Warden

Lower Court: Sixth Circuit
Docketed: 2018-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review constitutional-challenge due-process evidentiary-ruling federal-jurisdiction habeas-corpus ineffective-assistance-of-counsel judicial-discretion procedural-default procedural-rules sentencing state-court sufficiency-of-evidence
Latest Conference: 2018-11-16
Question Presented (from Petition)

Whether the United States Court of Appeals erred when it agreed with the district court "that the claim of ineffective assistance of counsel was without merit, that the claim of merit, and that the sentencing claim was non-cognizable on federal habeas review."

Should photo spread identifications, made more than 24 hours after a crime occurs, be excluded as evidence during any criminal trial due to its inerrant unreliability and based on its failure to pass the Daubert test.

Should due process principles require the states to record their interrogations, which would allow the state and federal courts to better determine whether alleged confessions in criminal cases were tainted unreliable, and/or involuntary.

Question Presented (AI Summary)

Whether the United States Court of Appeals erred when it agreed with the district court that the claim of ineffective assistance of counsel was without merit, that the claim of insufficient evidence was procedurally defaulted and without merit, and that the sentencing claim was not cognizable on federal habeas review

Docket Entries

2018-11-19
Petition DENIED.
2018-11-01
DISTRIBUTED for Conference of 11/16/2018.
2018-10-23
Waiver of right of respondent Cherry Lindamood to respond filed.
2018-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 19, 2018)

Attorneys

Cherry Lindamood
Michael M. Stahl — Respondent
Michael Small
Michael Small — Petitioner