No. 19-7240

Damon S. Allen-Bey v. Michigan State Treasurer

Lower Court: Michigan
Docketed: 2020-01-10
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment abuse-of-discretion administrative-rules constitutional-rights due-process judicial-discretion miscarriage-of-justice prisoner-funds restitution standard-of-review
Latest Conference: 2020-03-06
Question Presented (from Petition)

Whether the trial Court violated the defendants protected constitutional rights by abusing its discretion where in parsing out Appellant's arguement it decision which is contrary to law, essentially was effectively a rendered a miscarriage of justice.

Whether the trial court by miscalculating the total amount sent to the defendant, where as only 90% of $1,003, not 90% of $1313.99 should have been taken, for reimbursement, based on the judges decision, the defendant should be returned the amount of $278.00.

Whether the trial court erred by not applying the Michigan administrative rule 791.6639, which states that whereas the evidence shows that the funds in question was accumulated over a 8 year period a prisoner can accumulate funds without limits.

Whether the trial court erred by considering the funds in question "Assets" whereas as the evidence shows that these funds were a loan and by law, loans are considered debt act assets.

Question Presented (AI Summary)

Whether the trial court violated the defendant's constitutional rights by abusing its discretion in rendering a decision contrary to law, resulting in a miscarriage of justice

Docket Entries

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2019-10-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)

Attorneys

Damon Allen-Bey
Damon Allen-Bey — Petitioner