No. 20-5116

Steven B. Anderson v. Thomas Winn, Warden

Lower Court: Sixth Circuit
Docketed: 2020-07-21
Status: Granted
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: civil-rights confrontation-clause constitutional-rights criminal-trial demonstrative-evidence due-process fair-trial false-testimony ineffective-assistance-of-counsel prosecutorial-misconduct
Latest Conference: N/A
Question Presented (from Petition)

I. Did The State Prosecutor Violate Petitioner's Constitutional Right To Due Process By Presenting Known False Testimony And By Using Inconsistent Theories In Co-Defendant's Trial And Petitioner's Trial?

II. Did The 6th Circuit Court of Appeals Error In Adopting Michigan Appellate Court's Determination of Facts?

III. Was Petitioner Denied VI Amendment Rights To Effective Assistance Of Counsel Under Strickland Law, Where Trial Counsel Failed To Present Multiple (5) Available Defenses?

IV. Did The Trial Court Abuse It's Discretion, Denying Petitioner's State An Party Testimonial Hearsay, where Adverse witness was Available? And Was Due Process Violated, Allowing Multiple Additional Jury Instructions Relieving The Prosecution of It's Burden To Prove Every Element of First Degree Murder Conviction Beyond A Reasonable Doubt?

V. Did The Prosecutor Perpetrate Fraud Upon The Court (Perjury), Denying Petitioner Due Process of Rights?

VI. Was Petitioner Denied Due Process Under Brady Law, Where The Prosecutor Suppressed Multiple Exculpatory And Impeachment Evidence?

VII. Was Petitioner's Due Process Rights Violated, Where Trial Court Further Abused It's Discretion Failing To Estop The Prosecutor Prejudicial Actions?

VIII. Did The State Court Illegally Obtain Jurisdiction Depriving Liberty, Trying And Convicting Petitioner Violating 4th & 14th Amendment, Where The Criminal Complaint Was Insufficient And No Probable Cause Existed? And Was Petitioner Denied Counsel At Arraignment (Critical Stage under Cronic Law) And Did Counsel Render Ineffective under Strickland Law Once Appointed?

IX. Was Petitioner Denied Equal Protection Under 14th Amendment, With "Open Murder" Statute?

X. Was Petitioner Denied Effective Assistance Of Counsel Under Strickland Law to Petitioner On His Appeal of Rights?

Question Presented (AI Summary)

Whether the State of Michigan violated Petitioner's constitutional right to due process by presenting known false testimony and by using inconsistent theories to convict Petitioner at trial

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Waiver of right of respondent Thomas Winn, Warden to respond filed.
2020-07-16
Application (20A14) to file petition for a writ of certiorari in excess of page limits granted by Justice Sotomayor. The petition for a writ of certiorari may not exceed 45 pages.
2020-05-26
Application (20A14) to file petition for a writ of certiorari in excess of page limits, submitted to Justice Sotomayor.
2020-05-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2020)

Attorneys

Steven Anderson
Steven B. Anderson — Petitioner
Thomas Winn, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent