No. 18-7089

Esau Milliner v. Kathy Litteral, Warden

Lower Court: Sixth Circuit
Docketed: 2018-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel
Key Terms:
DueProcess
Latest Conference: 2019-02-15
Question Presented (from Petition)

Whether Petitioner was denied the effective assistance of counsel to which he was constitutionally entitled when trial counsel failed to present readily available evidence to support a self-defense theory at trial.

Whether Petitioner was denied the effective assistance of counsel to which he was constitutionally guaranteed when trial counsel provided Petitioner with erroneous advice that resulted in him making an unknowing and involuntary waiver of his right to appeal the guilt/innocence phase of his jury trial.

Whether Petitioner was denied the effective assistance of counsel to which he was constitutionally guaranteed when trial counsel failed to object to improper argument and offers of proof during closing argument and failing to object to the playing of 911 tapes.

Whether Petitioner was denied the effective assistance of counsel guaranteed him under federal law when trial counsel waived his inherent right to personally testify without consulting him.

Whether Petitioner was denied the effective assistance of counsel guaranteed him under federal law when trial counsel failed to prepare or present a defense to the charge of first degree burglary, which was the basis of the Commonwealth creating aggravating circumstances and penalties.

Whether Petitioner was denied the effective assistance of counsel guaranteed him under federal law when trial counsel argued to the jury that Petitioner was in fact the initial aggressor.

Whether the District Court, as well as the Sixth Circuit Court of Appeals acted contrary to, or under an unreasonable application of federal law when it deemed multiple issues as procedurally barred, despite the manifest injustice of failing to entertained key, exculpatory issues and claims.

Question Presented (AI Summary)

Effective-assistance-of-counsel

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Waiver of right of respondent Litteral, Warden to respond filed.
2018-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)

Attorneys

Esau Milliner
Esau Milliner — Petitioner
Litteral, Warden
Todd Dryden FergusonOffice of the Attorney General, Respondent