No. 19-7024

Germira Lamar Carter v. Michigan

Lower Court: Michigan
Docketed: 2019-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-violation criminal-conviction criminal-procedure due-process effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel sixth-amendment strickland-test
Latest Conference: 2020-02-21
Question Presented (from Petition)

WHERE THE STATE COURTS OF MICHIGAN HAS CONVICTED A CRIMINAL DEFENDANT IN VIOLATION OF HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL, IS RELIEF AVAILABLE ON CERTIORARI TO CORRECT THE CONSTITUTIONAL VIOLATION UNDER THE STRICKLAND TEST?

IS RELIEF AVAILABLE WHERE THE STATE OF MICHIGAN HAS CONVICTED A CRIMINAL DEFENDANT ON INSUFFICIENT EVIDENCE WHERE THE ELEMENTS OF THE CRIME WERE NOT PROVEN BEYOND A REASONABLE DOUBT AS MANDATED BY DUE PROCESS REQUIRING A NEW TRIAL?

Question Presented (AI Summary)

Where the state courts of Michigan has convicted a criminal defendant in violation of his Sixth Amendment right to effective assistance of counsel, is relief available on certiorari to correct the constitutional violation under the Strickland test?

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-30
Waiver of right of respondent Michigan to respond filed.
2019-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2020)

Attorneys

Germira Lamar Carter
Germira Lamar Carter — Petitioner
Michigan
Joshua D. AbbottMacomb County Prosecutor's Office, Respondent