No. 19-7750

Russell Patrick Brown v. Kenneth D. Hutchison, Warden

Lower Court: Sixth Circuit
Docketed: 2020-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 1st-degree-murder constitutional-due-process constitutional-violation conviction criminal-conviction due-process insufficient-evidence jackson-v-virginia jury-instruction premeditation self-defense supreme-court-precedent
Key Terms:
DueProcess
Latest Conference: 2020-03-20
Question Presented (from Petition)

(1) Whether it's a U.S. constituion Due Process violation proscribed by this court in Jackson v. Virginia, for Mr. Brown's 1st degree murder conviction to be based on evidence insufficient to prove the required "premeditation" element of the offence?

(2) Since self-defense is a constitutionally protected conduct, then is it a due process violation for a trial court to refuse to give a self-defense instruction to the jury when it's an issue at trial or the evdience demonstrates the possibility thereof?

Question Presented (AI Summary)

Whether it's a U.S. constituion Due Process violation proscribed by this court in Jackson v. Virginia, for Mr. Brown's 1st degree murder conviction to be based on evidence insufficient to prove the required 'premeditation' element of the offence?

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-25
Waiver of right of respondent Kenneth D. Hutchison, Warden to respond filed.
2020-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)

Attorneys

Kenneth D. Hutchison, Warden
Meredith Wood BowenOffice of the Tennessee Attorney General, Respondent
Russell P. Brown
Russell Patrick Brown — Petitioner