No. 21-5751

Charles Elmer Kovary v. Willis Chapman, Warden

Lower Court: Sixth Circuit
Docketed: 2021-09-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: alibi-witness constitutional-rights criminal-procedure dna-evidence due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief trial-counsel witness-testimony
Latest Conference: 2021-10-29
Question Presented (from Petition)

1) Was Appellate Counsel ineffective for failing to raise
trial counsels ineffectiveness for failing to fully
investigate Alibi witness, and help Alibi withess
prepare a correct affidarit that the court would
understand in legal terms, and to have Alibi
witness testify?

2) raise trial counsels ineffectiveness for failing
to request a retest of DuA Evidence of two
semen stains left by perpetrator at crime scene,
that Michigan storte Police crime Laboratofy
Provided inconclusive Nudear DNA analysis of
Perpetrators biological material, and seek Mitochondrial
DNA analysis that has been froven in court to
come back with a profile that would demonstrate
Petitioners factual innocence?

Question Presented (AI Summary)

Was Appellate Counsel Ineffective for Failing to Raise Certain Claims?

Docket Entries

2021-11-01
Petition DENIED.
2021-10-07
DISTRIBUTED for Conference of 10/29/2021.
2021-09-28
Waiver of right of respondent Willis Chapman to respond filed.
2021-09-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2021)

Attorneys

Charles E. Kovary
Charles Elmer Kovary — Petitioner
Willis Chapman
Fadwa A. HammoudMichigan Department of Attorney General, Respondent