No. 20-5934

Thomas Holden v. Sherry L. Burt, Warden

Lower Court: Sixth Circuit
Docketed: 2020-10-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure conflict-with-supreme-court constitutional-review due-process federal-law ineffective-assistance premeditated-intent right-to-counsel sixth-amendment sixth-circuit strickland-standard trial-court-error
Latest Conference: 2020-12-04
Question Presented (from Petition)

WHETHER A UNITED STATES COURT OF APPEALS HAS DECIDED AN IMPORTANT QUESTION OF FEDERAL LAW THAT CONFLICTS WITH RELEVANT DECISIONS OF THIS COURT, WHERE THE TRIAL COURT MISCORED OV-6 AT FIFTY POINTS, WHERE THE RECORD FAILS TO DISCLOSE ANY PREMEDITATED INTENT TO KILL?

WHETHER THE SIXTH CIRCUIT COURT OF APPEALS HAS DECIDED AN IMPORTANT FEDERAL QUESTION IN A WAY THAT CONFLICTS WITH RELEVANT DECISIONS OF THIS COURT, AND SANCTIONED SUCH A DEPARTURE BY A LOWER COURT WHERE, THE TRIAL COURT FAILURE TO ADDRESS THE QUESTION OF WHETHER THERE WAS A DENIAL OF RIGHT TO CHOICE OF COUNSEL AND THAT COUNSEL WAS INEFFECTIVE FOR FAILURE TO RECUSE HIMSELF AFTER KNOWLEDGE THAT COUNSEL HAD BEEN RETAINED FOR TRIAL. U.S. CONST. AMS VI, XIV?

WHETHER THE SIXTH CIRCUIT DECISION IS OBJECTIVELY UNREASONABLE, CONFLICTS WITH STRICKLAND CAUSE AND PREJUDICE TWO-PART INQUIRY, WHERE APPELLATE COUNSEL FAILURE TO RAISE INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL'S NONDISCLOSURE OF FAVORABLE PLEA OFFER WITHOUT THE DEFENDANT'S CONSENT CONTRARY TO THE HOLDINGS IN LAFLER v. COOPER, 132 S.CT 1376 (2012) AND MISSOURI V. FRY, 132 S.CT 1399?

Question Presented (AI Summary)

Whether a United States Court of Appeal's has decided an important question of federal law that conflicts with relevant decisions of this Court

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent Sherry L. Burt, Warden to respond filed.
2020-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2020)

Attorneys

Sherry L. Burt, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Thomas Holden
Thomas Holden — Petitioner