No. 20-7539

Schenvisky James v. Sherman Campbell, Warden

Lower Court: Sixth Circuit
Docketed: 2021-03-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 2nd-amendment brown-vs-board civil-rights constitutional-rights due-process faretta-warning free-speech right-to-counsel self-representation standing waiver-of-counsel
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-05-13
Question Presented (from Petition)

FOR A STATE PRISONER TO RAISE THE OCCURRENCE OF A JURISDICTIONAL
I. IS IT PERMISSIBLE
DURING HABEAS
CORPUS
S REVIEW IF
THE PETITIONER
COURT
PROCEEDINGS
DEFECT
IN THE STATE
THE
COURTS
LACK
OF
STATE
JURISDICTION
SURJECTED
THE
(STATE
PRISONER)
ALLEGES
VIII, XIII,
XIV
OF
SIH
UNITED
STATES
CONSTITUTION VI,
PETITIONER TO A
VIOLATION
AMENDMENT RIGHTS OR HAS THE ANTI-EFFECTIVE DEATH PENALTY TERRORIST ACT (AEDPA) 28 USC §
2254(d)(1) EVISCERATED THE US CONSTITUTION ARTICLE I § 9(2) HABEAS CORPUS RIGHT TO THE
DEGREE THAT PRE-AEDPA 28 USC § 2254(@)(4) AND STONE v POWELL, 428 US 465; 96 S Ct 3037
(1976) HAVE BEEN RENDERED MEANINGLESS WHEN THEY BOTH ALLOWED A STATE PRISONER SUBJECT
TO STATE JUDGMENT TO CHALLENGE THE JURISDICTION OF THE STATE COURT PROCEEDING?

II. IS A FEDERAL MAGISTRATE, US DISTRICT COURT JUDGE AND 6TH CIRCUIT OF APPEALS ALLOWED
TO BLATANILY AND DELIBERATELY MISREPRESENT THE UNANIMOUS TESTIMONY OF THE ONLY THREE
EYEWITNESSES TO THE DEATH OF THE DECEASED WHEN THEY EACH TESTIFIED WITH THEIR FINGERS
POINTED TOWARD THE COURT ROOM CEILING WHEN DEMONSTRATING HOW PETITIONER JAMES HELD THE
GUN WHEN THE SHOT WAS FIRED, WHEN THEY EACH TESTIFIED PETTTIONER JAMES NEVER AIMED OR
THE DECEASED, AND THAT
THE DECEASED
DEATH WAS AN
ACCIDENT BY THE
POINTED
THE
GUN
AT
US
COURT AND 6TH
CIRCUIT
COA
ALL
FALSELY
MISSTATING
DISTRICT
AND
MAGISTRATE,
RECORD
TESTIMONIES
BY
UNJUSTIFIABLY
FINDING
THE
THE
EYEWIINESSES
MISREPRESENTING
JAMES
AIMED AND
POINTED
THE
GUN
DIRECTLY
AT
THE
HEAD
OF
THE
TESTIFIED PETITIONER
DECEASED THEN FIRED THE SHOT AT THE DECEASED HEAD?

III. IS IT POSSIBLE FOR ANY MURDER (1st or 2nd DEGREE) CONVICTION TO BE UPHELD WHEN
THERE IS NO EVIDENCE OF ANY INTENT TO KILL OR INJURE THE DECEASED AND DOES ANY MURDER
REQUIRE AN INTENT TO KILL OR INJURE AS THIS US SUPREME COURT'S PRECEDENTS HAVE
INCESSANILY HELD?

IV. IS IT THE OBLIGATION AND DUTY OF THE STATE LEGISLATURE TO CREATE A MICHIGAN SECOND
OF
SECOND DEGREE MURDER OR CAN THE
DEGREE
MURDER STATUTE THAT DEFINES THE ELEMENTS
TO THE
JUDICIARY TO DEFINE THE
MICHIGAN
ABDICATE THAT DUTY
MICHIGAN
LEGISLATURE
(MCL 750.317) BEING VOID
WITHOUT THAT STATE STATUTE
OF SECOND DEGREE MURDER
ELEMENTS
O PI P M P O V P RAN
MICHIGAN?

Question Presented (AI Summary)

Whether the Michigan legislature's obligation and duty to create a Second Amendment Michigan statute violates the separation of powers principle and is a violation of the Fourteenth Amendment

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-22
Waiver of right of respondent Sherman Campbell, Warden to respond filed.
2021-01-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2021)

Attorneys

Schenvisky James
Schenvisky James — Petitioner
Sherman Campbell, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent