No. 19-5263

Miah Stroud v. Shawn Brewer, Warden

Lower Court: Sixth Circuit
Docketed: 2019-07-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (from Petition)

I. DID THE COURTS ERRONEOUSLY DENY MS. STROUD'S CONSTITUTIONAL
RIGHT TO DUE PROCESS WHEN SHE WAS CONVICTED OF SECOND DEGREE
MURDER AND THREE COUNTS OF FELONIOUS ASSAULT WHERE THE
EVIDENCE WAS LEGALLY INSUFFICIENT AND VIOLATIVE OF DUE PROCESS
WHERE THE PROSECUTOR FAILED TO PROVE THAT HER ACTS OR
ENCOURAGEMENT CAUSED THE DEATH OR THE ASSAULTS?

II. DID THE COURTS ERRONEOUSLY DENY MS. STROUD'S CONSTITUTIONAL
RIGHT TO DUE PROCESS BY REFUSING TO SUPPRESS COMPLAINANT
LATASHA BARGAINEER 'S MISIDENTIFICATION OF HER THAT WAS
INFECTED BY IMPROPER POLICE INFLUENCE AND SHOULD A NEW TRIAL
BE GRANTED?

III. COULD JURISTS OF REASON HAVE ACQUITTED MS. STROUD OF ALL
CHARGES IF SHE WAS NOT DEPRIVED OF HER CONSTITUTIONAL RIGHT
TO PRESENT A DEFENSE WHEN THE COURTS FAILED TO QUALIFY
DR. TERRENCE CAMPBELL AS AN EXPERT WITNESS FOR HER ONLY
DEFENSE OF MISIDENTIFICATION WHO'S TESTIMONY WAS RELEVANT
AND RELIABLE?

Question Presented (AI Summary)

Did the courts erroneously deny Ms. Stroud's constitutional right to due process when she was convicted of second degree murder and three counts of felonious assault where the evidence was legally insufficient and violative of due process where the prosecutor failed to prove that her acts or encouragement caused the death or the assaults?

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-30
Waiver of right of respondent Shawn Brewer, Warden to respond filed.
2019-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2019)

Attorneys

Miah Stroud
Miah Stroud — Petitioner
Shawn Brewer, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent