No. 19-5432

Kevin Michael-Dorman Beltowski v. Shawn Brewer, Warden

Lower Court: Sixth Circuit
Docketed: 2019-08-01
Status: Granted
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: credibility-determinations criminal-procedure criminal-procedure-error due-process evidence-sufficiency harmless-error instructional-error judicial-review jury-instructions newly-discovered-evidence right-to-defense right-to-present-defense sufficiency-of-evidence
Latest Conference: N/A
Question Presented (from Petition)

I., THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, TEDERAL DISTRICT COURT, AND STATE TRIAL COURT ALL HAVE DECIDED AN IMPORTAN7 TEDERAL QUESTION WITH RESPECT TO WHETHER INSTRUCTIONAL ERROR OCCURRED IN A WAN THAT CONTUCTS WITH THIS COURTS CLEARUJ ESTABLISHED HARMLESS-ERROR PRECEDENTS.

A., The. Counts Anbitnanily Picked A Pee.-tod It Believed The Victim No Longee Posed A Tkeeat To Petitionee.

B. \ The Counts ImpenmissiLty Tocused On The Sufficiency Of The Evidence -i

C. | The Distnict Count Made Impenmissible (Inedibility Detenm.inatJ.ons.

D. ; Tailed To Considen The Related Newly Discovened Evidence In Context With The Ennpneous £uey Instnuetion. {

E. i The Hanmless-Ennon Tindings Below Substantially Impained Petitionee's Right To Pnesent A Complete Defense .i

T.i The Effect Of The Ennon In Relation To All Else That Happened..,

Q.\ The Sixth Ciecuit Panel Did Not Conduct A Hanmless-Ennon Review.,

Question Presented (AI Summary)

Whether instructional error occurred in a way that conflicts with the Supreme Court's clearly established harmless-error precedents

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-08-30
Waiver of right of respondent Shawn Brewer, Warden to respond filed.
2019-08-01
Application (19A129) to file petition for a writ of certiorari in excess of page limits granted by Justice Sotomayor. The petition for a writ of certiorari may not exceed 57 pages.
2019-07-19
Application (19A129) to file petition for a writ of certiorari in excess of page limits, submitted to Justice Sotomayor.
2019-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2019)

Attorneys

Kevin Beltowski
Kevin Michael-Dorman Beltowski — Petitioner
Shawn Brewer, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent