No. 21-1423

Anthony Hoti v. City of Warren, Michigan

Lower Court: Michigan
Docketed: 2022-05-05
Status: Denied
Type: Paid
Response WaivedRelisted (3)
Tags: arrest-authority civil-rights due-process jury-selection jury-tampering law-enforcement-discretion probable-cause prosecutorial-misconduct standing trial-procedure
Latest Conference: 2022-11-18 (distributed 3 times)
Question Presented (from Petition)

1. On 12/11/2017 the City of Warren attorney Caitlin Murphy and the sitting juror Susan Palombo had prior secret conversations before the jury trial started in our case "City of Warren vs Hoti " as the court transcript shows.
Is it an external influence on the jury when the prosecutor and one of the sitting jurors had prior secret contacts before the trial starts?

2. On 12/13/2017 I was convicted by the jury on the charge of the "Disobey lawful command ".
The city of Warren's ordinance of disobeying lawful command states the following.
"No person shall refuse to obey the lawful command of any police officer, member of the national guard of the state, or member of the armed forces of the United States of America. No person shall fail to disperse when directed to do so by a police officer. "
The question presented for review is:
The second part of the ordinance states:
Does the police have the authority to disperse anybody anywhere within the city even if there is no reason for that order to disperse?.

3. When the police arrested me and my wife on 12/05/2016 there was no crime committed and police had no probable cause to arrest me.
The question presented for review is:
Is an arrest made for disobeying lawful command lawful if there is no crime being committed?

Question Presented (AI Summary)

Whether the prior secret contacts between the prosecutor and a sitting juror constituted an external influence on the jury

Docket Entries

2022-11-21
Rehearing DENIED.
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-22
2022-10-03
Petition DENIED.
2022-06-29
DISTRIBUTED for Conference of 9/28/2022.
2022-06-27
Motion Granted.
2022-06-07
DISTRIBUTED for Conference of 6/23/2022.
2022-06-01
Response to motion from petitioner Anthony Hoti filed.
2022-05-26
Motion of respondent for leave to file the petition for a writ of certiorari with a supplemental appendix under seal with redacted copies for the public record filed.
2022-05-26
Waiver of right of respondent City of Warren to respond filed.
2022-02-25
Petition for a writ of certiorari filed. (Response due June 6, 2022)

Attorneys

Anthony Hoti
Anthony Hoti — Petitioner
City of Warren
Caitlin MurphyWarren City Attorney's Office, Respondent