No. 20-7955

Alton D. Pelichet v. Wayne Circuit Court Judge, et al.

Lower Court: Michigan
Docketed: 2021-05-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment actual-innocence due-process equal-protection felony-murder fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment
Latest Conference: 2021-06-10
Question Presented (from Petition)

I.
Whether Petitioner was denied his right to a fair trial, due process and equal protection of the law, guaranteed by the 6th and 14th Amendments to the United States Constitution, where the trial court judge, following a bench trial, Petitioner guilty of first degree "felony" murder, found based on the intent to commit an enumerated felony alone, in crime and sentence he violation of the statute to the stands convicted of, rendering petitioner actually innocent?

II.
Whether the manifest denial of effective assistance of both, trial and appellate counsel, guaranteed by the 6th and 14th Amendments to the United States Constitution and Article 1, §§ 17 & 20 Michigan Constitution overcome the procedural default of 6.508(D)(3), by satisfying the "cause and prejudice" aspect of same?1963, is sufficient to Michigan Court Rule

III.
Whether this Honorable Court should grant Petitioner's Petition for a Writ of Certiorari, where Petitioner has been denied his right to due process and equal protection of the law, guaranteed by the 14th Amendment to the United States Constitution, due to the Wayne County Circuit Court Judge and his Judicial Attorney failing to perform a clear legal and the Michigan Court of Appeals and the Michigan duty, Supreme Court refusing to correct same?

Question Presented (AI Summary)

Whether Petitioner was denied his right to a fair trial, due process and equal protection

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-25
Waiver of right of respondents Wayne Circuit Court Judge, et al. to respond filed.
2021-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2021)

Attorneys

Alton D. Pelichet
Alton D. Pelichet — Petitioner
Wayne Circuit Court Judge, et al.
Jon Phillip WojtalaOffice of the Wayne County (Michigan) Prosecutor, Respondent