No. 19-6534

Saad Bahoda v. Sherman Campbell, Warden

Lower Court: Sixth Circuit
Docketed: 2019-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure Bunkley-v-Florida conflict-of-interest effective-assistance-of-counsel evidentiary-hearing forged-affidavits ineffective-assistance-of-counsel jury-instructions michigan-law People-v-Triplett plain-error self-defense sixth-amendment witness-conflict
Latest Conference: 2020-01-10
Question Presented (from Petition)

I. Petitioner was denied his Sixth Amendment Right to the effective assistance of counsel at trial due to counsel's failure to request a self-defense instruction although the evidence supported it and was available under Michigan law.

The Court of Appeals committed plain error, contrary to Bunkley v Florida, 538, US _ 835,_ 123 S. Ct 2020 _(2002) because it _denied Petitioner the benefit of People v Triplett, 499 Mich 52 878; NW2d 811 (2016) which clarified the affirmative defense of self-defense to the crime of CCW while his case was on direct appeal.

II. Whether Petitioner denied effective assistance of pre-trial counsel when counsel submitted forged affidavits to the trial court in support of his pretrial motion without investigating them?

III. Whether Petitioner denied effective assistance of trial counsel for failing to make a mandatory disclosure of a prosecution witness's attorney that had an actual conflict of interest?

IV. Whether Petitioner denied effective assistance of appellate counsel for abandoning an evidentiary hearing on Bahoda's motion for new trial?

Question Presented (AI Summary)

Whether petitioner was denied his Sixth Amendment right to effective assistance of counsel at trial

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-22
Waiver of right of respondent Sherman Campbell, Warden to respond filed.
2019-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2019)

Attorneys

Saad A. Bahoda
Saad A. Bahoda — Petitioner
Sherman Campbell, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent