No. 23-5694

Orlando Peay v. Michael Burgess, Warden

Lower Court: Michigan
Docketed: 2023-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights collateral-estoppel constitutional-rights due-process habeas-corpus illegal-arrest ineffective-assistance-of-counsel jurisdictional-challenge malfeasance obstruction-of-justice res-judicata
Latest Conference: 2023-11-17
Question Presented (from Petition)

DID homicide detectives violate Circuit Court Judge Zilkowsky's order "immediate discharge from confinement in this case"?

DID the second arrest moments after a favorable termination 11-18-96, illegal?

DID homicide detectives acting under the color of law commit common law crimes OBSTRUCTION of JUSTICE and MALFEASANCE OF OFFICE?

DID favorable termination during preliminary exam for due process violation result in favorable of the accused?

DID Judge Hathaway, or Baltimore have authority or jurisdiction over this case?

DID Prosecutor O'Hair, stipulate courts jurisdiction, empower it to bear and determine and alleged cause of action that does not in fact exist?

DID Prosecutor O'Hair, acquire proper subject matter jurisdiction by simply empowering the court of appeals although second and third arrest was illegal?

DID Circuit Court Judge Ryan, declare a huge jury empower Judge Hathaway, with jurisdiction?

DID Circuit Court Judge Hathaway, and Dist. Court Magistrate Baltimore, Know the courts lack subject matter jurisdiction?

DID Cir. Court Judge Zilkowsky, Hathaway, and Magistrate Waterstone, final ORDER, favorable for the accused?

DOES due process violations and inadmissible evidence bar prosecution for the same charge?

DID municipalities such as homicide detectives violate constitutional rights, illegally arresting the accused disobeying Dist. and Cir. Court ORDERS to release from confinement?

HAVE Michigan Department of Justice DOJ, violate guaranteed constitutional rights of Due Process?

DID the Fed. Dist. Judge Zatkoff, judgement on the merits, habeas corpus petition violate exhaustion of state prerequisite?

DID Judge Zatkoff, fail to consider the facts that prosecutor filed charges three times, prosecutors appeal and huge a jury?

DID petitioner raise issues in federal court for relief from judgement arguing "Lack Of Jurisdiction and Ineffective Assistance Of Counsel"?

DID Judge Zatkoff, adjudicate the merits because it is more efficient not to analyze "exhaustion or procedural default?

DID U.S. App. Sixth Cir. Order Jan 2015, No. 14-1881. Claim that Peay, "could have discovered prosecutors appeals through exercise of due diligence"?

DID failure to exhaust state remedies create procedural default?

DID ineffective assistance of trial and appellate counsel violate constitutional rights?

DID three ACQUITTAL/DISMISSAL, and one hung jury, require filing a motion for COLLATERAL ESTOPPEL, STARE DECISIS or RES JUDIACTA?

Question Presented (AI Summary)

Did homicide detectives violate court order to discharge from confinement?

Docket Entries

2023-11-20
Petition DENIED.
2023-11-02
DISTRIBUTED for Conference of 11/17/2023.
2023-10-27
Waiver of right of respondent Michael Burgess, Warden to respond filed.
2023-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2023)

Attorneys

Michael Burgess, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Orlando Peay
Orlando Peay — Petitioner