No. 20-5247

Avern Lee Burnside v. Randee Rewerts, Warden

Lower Court: Sixth Circuit
Docketed: 2020-08-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: certificate-of-appealability due-process habeas-corpus newly-discovered-evidence perjured-testimony presumption-of-correctness prosecutorial-misconduct
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (from Petition)

DID THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEOUSLY DENIED MR. BURNSIDE'S REQUEST FOR A CERTIFICATE OF APPEALABILITY IN THIS HABEAS CORPUS CASE WHERE JURISTS OF REASON COULD CLEARLY DEBATE WHETHER MR. BURNSIDE'S DUE PROCESS RIGHTS WERE VIOLATED AND HE IS ENTITLED TO A NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE, WHERE THE PROSECUTOR KNOWINGLY USED PERJURED TESTIMONY FROM LEAH WATSON, WHOSE TESTIMONY WAS BASED ON THREATS AND INTIMIDATION; AND THAT JUDGE FARAH'S FACTUAL FINDINGS ARE NOT ENTITLED TO A PRESUMPTION OF CORRECTNESS?

Question Presented (AI Summary)

Whether Mr. Burnside's due-process rights were violated and he is entitled to a new trial based on newly-discovered-evidence where the prosecutor knowingly used perjured-testimony

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-10-20
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Waiver of right of respondent Randee Rewerts,Warden to respond filed.
2020-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2020)

Attorneys

Avern L. Burnside
Avern Lee Burnside — Petitioner
Randee Rewerts,Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent