No. 21-5294

Wilshaun King v. Mike Brown, Acting Warden

Lower Court: Sixth Circuit
Docketed: 2021-08-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: autopsy-report confrontation-clause criminal-procedure ineffective-assistance ineffective-assistance-of-counsel medical-examiner plea-bargaining plea-offer right-to-counsel sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (from Petition)

I. PETITIONER'S TRIAL COUNSEL WAS APPROACHED AT THE TIME THE JURY RETIRED FOR
DELIBEARITONS BY PROSECUTING ATTORNEY SCOTT EHLFELDT TENDERING A PLEA OFFER
FOR PETITIONER. TRIAL COUNSEL CHOSE NOT TO INFORM PETITIONER KING ABOUT THE
PLEA OFFER. SUBSEQUENTLY, PETITIONER WAS
SENTENCED TO A MANDATORY LIFE WITHOUT PAROLE SENTENCE, 10 TO 50 YEARS, AND 2
YEARS 11 MONTHS TO 10 YEARS SENTENCE. COUNSEL PROVIDED AN AFFIDAIVT DETAINING
INFORM PETITONER OF THE PLEA THAT WAS OFFERED. DOES THE
EFFECTIVE ASSISTANCE OF COUNSEL EXTEND TO PLEAFOUND GUILTY ALL CHARGES AND
THAT HE FAILED TO
SIXTH AMENDMENT RIGHT TO THE
OFFERS DURING JURY DELIBERATIONS?

II. DURING THE COURSE OF PETITIONER'S TRIAL, A NON-TESTIFYING EXAMINER'S
AUTOPSY REPORT, OPINION AND CONCLUSIONS WERE USED BY A SUBSTITUTE MEDICAL
EXAMINER, TESTIFYING FACTUALLY OF HER EXPERT OPINIONS AND USING AN ANATOMICAL
SKETCH BASED ON THE NON-TESTIFYING MEDICAL EXAMINER'S OPINIONS
CONCLUSIONS. DOES THE SIXTH AMENDMENT INVOKE THE CONFRONTATION CLAUSE MAKING
THE AUTOPSY REPORT TESTIMONIAL WHEN IT IS SPECIFICALLY PERFORMED FOR USE IN
LATER CRIMINAL PROSECUTIONS?AND

Question Presented (AI Summary)

Sixth Amendment right to effective assistance of counsel for plea offers during jury deliberations

Docket Entries

2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-25
Waiver of right of respondent Mike Brown, Acting Warden to respond filed.
2021-07-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2021)

Attorneys

Mike Brown, Acting Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Wilshaun King
Wilshaun King — Petitioner