No. 18-9199

Peter Alfred Perez v. Michigan

Lower Court: Michigan
Docketed: 2019-05-09
Status: Denied
Type: IFP
IFP
Tags: brady-violation constitutional-rights criminal-procedure crosby-hearing due-process impartial-jury ineffective-assistance ineffective-counsel jury-impartiality mistrial resentencing
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (from Petition)

DID THE TRIAL COURT ABUSE ITS DISCRETION IN DENYING MR. PEREZ RELIEF
FROM JUDGMENT WHERE HE WAS DENIED HIS CONSTITUTIONAL RIGHT TO
AN IMPARTIAL JURY BASED ON A POLICE OFFICER'S ENUMERATION OF PAST
CRIMES TO THE JURY BEFORE THE JURY WAS EVEN EMPANELED AND WAS
COUNSEL INEFFECTIVE FOR NOT CONDUCTING A NECESSARY FOLLOW UP?

DID THE TRIAL COURT ABUSE ITS DISCRETION IN DENYING RELIEF FROM
JUDGMENT WHERE MR. PEREZ ALLEGED A DUE PROCESS VIOLATION BASED
ON THE PROSECUTION'S REFUSAL TO PROVIDE COMPLETE DISCOVERY OF
THE NAMES OF WITNESSES THAT WOULD HAVE PROVIDED HIM WITH A
VIABLE DEFENSE, AND WHERE THE TRIAL COURT FAILED TO DECLARE A
MISTRIAL FOR THE AFOREMENTIONED BRADY VIOLATION?

IS PETITIONER ENTITLED TO A CROSBY HEARING OR RESENTENCING UNDER
PEOPLE V LOCKRIDGE, WHERE HIS SENTENCE IS BASED IN PART UPON AN
UNCONSTITUTIONAL LAW AND IS VOID BASED UPON THE UNITED STATES
SUPREME COURT OPINION IN MONTGOMERY V LOUISIANA WHICH HELD THAT
A CONVICTION OR SENTENCE BASED UPON AN UNCONSTITUTIONAL LAW IS
VOID AB INITO?

Question Presented (AI Summary)

Did the trial court abuse its discretion in denying relief from judgment based on a violation of the right to an impartial jury and ineffective assistance of counsel?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2018-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)

Attorneys

Peter A. Perez
Peter A. Perez — Petitioner