No. 19-6380

Emerson L. Beverly v. Sherry L. Burt, Warden

Lower Court: Sixth Circuit
Docketed: 2019-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment criminal-procedure due-process eighth-amendment fair-trial fair-trial-14th-amendment fair-trial-6th-amendment fourteenth-amendment prosecutorial-misconduct red-herring sentencing-review sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2019-12-06
Question Presented (from Petition)

I. DID THE PROSECUTOR 'S REPEATED REFERENCE TO PETITIONER 'S
DEFENSE AS A "RED HEARING " CONSTITUTE MISCONDUCT THEREBY
DENYING PETITIONER A FAIR TRIAL IN VIOLATION OF THE 6TH AND 14TH
AMENDMENTS?

II. DID FAILURE TO BE CONSISTENT DEPRIVE PETITIONER OF NOTICE THAT
HE WAS NOT WELCOME IN THE VICTIM 'S HOME WHICH EXCUSES THE
ENTRY RENDERING THE CONVICTION INSUFFICIENT IN VIOLATION OF
THE 14TH AMENDMENT?

III. DOES THE CONSIDERATION OF INACCURATE AND UNSUPPORTED
INFORMATION VIOLATE TOWNSEND V BURKE, 334 U.S. 736
RENDERING THE SENTENCE A VIOLATION OF DUE PROCESS?

IV. IS A COMBINED 50 YEARS FOR AN ASSAULT AND HOME
INVASION A VIOLATION OF THE EIGHTH AMENDMENT?

Question Presented (AI Summary)

Did the prosecutor's repeated reference to petitioner's defense as a 'red hearing' constitute misconduct thereby denying petitioner a fair trial in violation of the 6th and 14th Amendments?

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-07
Waiver of right of respondent Sherry L. Burt, Waren to respond filed.
2019-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)

Attorneys

Emerson L. Beverly
Emerson L. Beverly — Petitioner
Sherry L. Burt, Waren
Fadwa A. HammoudMichigan Department of Attorney General, Respondent