No. 19-5756

In Re James Bryant

Lower Court: N/A
Docketed: 2019-08-29
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-review criminal-procedure due-process felony-murder felony-murder-doctrine-retroactivity habeas-corpus habeas-corpus-jurisdiction jurisdiction retroactive-application retroactivity subject-matter-jurisdiction vagueness
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (from Petition)

Whether the state trial court lacked subject-matter jurisdiction by convicting Petitioner in 1971 under a vague first-degree murder statute, MCL § 750.316, that did not define what constituted murder?

Whether People v Aaron, decided 9 years later, abrogating the first-degree felony murder doctrine, should be applied retroactively to Petitioner's conviction under Teague v Lane?

Whether Petitioner has established his entitlement to habeas relief by invoking this Court's Original Jurisdiction and discretionary powers to grant the writ in aid of its appellate jurisdiction by demonstrating exceptional circumstances and where adequate relief cannot be obtained in any form or from any court?

Question Presented (AI Summary)

Whether the state trial court lacked subject-matter jurisdiction by convicting Petitioner in 1971 under a vague first-degree murder statute

Docket Entries

2019-12-09
Rehearing DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-10-17
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-06
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re: James Bryant
James Bryant — Petitioner