No. 18-7933

Keith Charleston v. Jeffrey Woods, Warden

Lower Court: Sixth Circuit
Docketed: 2019-02-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment 6th-amendment constitutional-rights criminal-procedure-miranda due-process ineffective-assistance-of-counsel ineffective-counsel miranda-rights premeditated-murder probable-cause self-defense self-incrimination warrantless-arrest
Latest Conference: 2019-04-12
Question Presented (from Petition)

I. PETITIONER'S STATEMENT WAS UNCONSTITUTIONALLY OBTAINED AS HIS INTOXICATION AND LACK OF SLEEP PREVENTED A KNOWING AND INTELLIGENT WAIVER OF HIS MIRANDA RIGHTS, AND THE TRIAL COURT ERRED IN DECLINING TO SUPPRESS HIS STATEMENT

II. PETITIONER'S CONVICTION FOR PREMEDITATED MURDER MUST BE REVERSED WHERE (1) THERE WAS INSUFFICIENT EVIDENCE OF PREMEDITATION AND DELIBERATION; AND, (2) THE PROSECUTION FAILED TO PRESENT SUFFICIENT EVIDENCE TO DISPROVE SELF-DEFENSE BEYOND A REASONABLE DOUBT

III. PETITIONER'S GUARANTEED FEDERAL AND STATE CONSTITUIONAL RIGHTS WERE VIOLATED UNDER THE UNITED STATES CONSTITUTIONS 67 AND 147 AMENDMENTS; THE MICHIGAN CONTITUTION OF 1963, ARTICLE 1 § 17 AND 20, WHEN TRIAL COUSEL WAS INEFFECTIVE FOR (1) FAILING TO DO AN ADEQUATE AND THOROUGH INVESTIGATION; (2) FAILING TO ADDRESS THE ILLIGAL WARRANTLESS ENTRY INTO HIS MOTHER'S HOME TO ARREST PETITIONER ON OUTSTANDING TRAFFIC TICKETS; AND, (3) FAILING TO CHALLENGE THE UNREASONABLE DELAY IN PROVIDING PROBABLE CAUSE HEARING WHERE PETITIONER WAS ARRESTED WITHOUT A WARRANT ON DECEMBER 26, 2012, AND WASN'T ARRAIGNED UNTIL DECEMBER 29, 2012

Question Presented (AI Summary)

Whether petitioner's statement was unconstitutionally obtained due to intoxication and lack of sleep preventing a knowing and intelligent Miranda waiver

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-11
Waiver of right of respondent Jeffrey Woods, Warden to respond filed.
2018-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2019)

Attorneys

Jeffrey Woods, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Keith Charleston
Keith Charleston — Petitioner