No. 18-7085

Larry A. McGhee v. Michigan

Lower Court: Michigan
Docketed: 2018-12-18
Status: Denied
Type: IFP
IFP
Tags: affirmative-action civil-procedure civil-rights due-process equal-protection federal-constitution free-speech jurisdiction public-education standing state-constitution
Latest Conference: 2019-02-15
Question Presented (from Petition)

WHETHER THE TRIAL COURT ERRED IN FINDING THAT PETITIONER FAILED TO SHOW ENTITLEMENT TO RELIEF PURSUANT TO MCR 6.508 WHERE TRIAL COUNSEL WAS INEFFECTIVE WHEN TRIAL COUNSEL FAILED TO CHALLENGE THE VERACITY OF THE AFFIDAVIT THAT WAS USED TO PROCURE A SEARCH WARRANT WHERE CONFLICTING TESTIMONIES WERE GIVEN BY INFORMANT TO FEDERAL AND LOCAL GRAND JURIES AND STATEMENT MADE CONTRARY TO THOSE TESTIMONIES AND GOVERNMENT AGENT KNOWINGLY AND INTENTIONALLY SHOW A RECKLESS DISREGARD FOR THE TRUTH USING STALE INFORMATION AND TRIAL COUNSEL FAILED TO REQUEST A FRANKS HEARING.

WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING RELIEF WHERE TRIAL COUNSEL WAS INEFFECTIVE WHEN TRIAL COUNSEL WAIVED PETITIONERS' RIGHT TO CROSS EXAMINE HIS ACCUSER

WHETHER THE TRIAL COURT ERRED IN FINDING THAT PETITIONER FAILED TO SHOW CAUSE AND PREJUDICE WHERE PETITIONER WERE RENDERED THE INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL WHEN APPELLATE COUNSEL FAILED TO FILE THE CLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

WHETHER THE TRIAL COURT DENIED THE PETITIONER THE DUE PROCESS OF THE LAW WHEN IT SENTENCE PETITIONER UNDER A STATUTE THAT WAS OUTDATED DURING THE PENDENCY OF PETITIONERS' CASE.

Question Presented (AI Summary)

Whether the Michigan Constitution's prohibition on affirmative action in public education violates the Equal Protection Clause of the U.S. Constitution

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2018-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 17, 2019)

Attorneys

Larry A. McGhee
Larry McGhee — Petitioner