No. 23-5889

Christopher Michael Williams v. Tim Shoop, Warden

Lower Court: Sixth Circuit
Docketed: 2023-10-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: alternative-suspect-defense criminal-procedure due-process due-process-violation habeas-corpus-petition ineffective-assistance-of-counsel plea-bargaining reasonable-doubt right-to-trial sixth-amendment-right
Key Terms:
DueProcess
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

Does the 6th Cir. Court err when it determines that a defendant's 6th Amendment right is not violated when there was evidence that it was likely than the defendant committed the crime; yet further finds that someone other that it was reasonable trial strategy for the trial attorney to not call the alternative suspect to the stand even though that was the only evidence the defendant had; and it was the sole reason for the defendant to proceed to trial?

Did the 6th cir. Court err when it found that the defendant would not have taken the plea deal had his trial attorney been honest with him about not presenting the agreed alternative suspect defense, completely by calling the alternative suspect to the stand?

In a case where the defendant is sentenced to double life in prison, does the 6th cir. Court err when it deems a sentence to be legal when a defendant forgoes a plea deal based on a promise by a trial attorney that an alternative suspect who was present at the time of the accusation and has a history of committing the crime that the defendant is accused of; finding that even if the defendant was given honest disclosure that his trial attorney would not be calling the alternative suspect to the stand he has not convinced the court that he would have taken the plea deal?

Did the 6th Cir Court make an unripe adjudication of a Habeas Corpus petition when the petitioner submitted evidence that the state court was the one who procedurally defaulted and barred the petitioner from having a ripe claim before the Federal Court, when the state courts actions denied the petitioners right to appeal?

Did the 6th Cir. Court err when it determined that a defendant's 6th amendment and Fundamental Due process rights were not violated when it decided that the petitioner would not have taken a plea deal because the defendant was persistent about his innocence, and had not taken the plea deal because he believed that his trial attorney would present a complete alternative suspect defense by calling the alternative suspect to the stand?

In a case where a defendant, charged with rape of two minors at 27, and has history of such acts; upon investigation finds that an alternative suspect who looks almost exactly like him in all physical anatomy with a conviction for raping minors was present at the scene during the time frame of the accusation, is promised by his trial counsel that he would be called to the stand for an alternative suspect defense thereby causing the defendant to forgo the state and judge approved plea deal that was accepted on the record, does a district court err in determining that the defendant would not have accepted the plea deal had his attorney been honest about not presenting the complete agreed defense to properly raise reasonable doubt, and asserting that it was trial strategy for the attorney to not call the alternative suspect?

Does a fundamental Due Process violation occur when a trial attorney decides to not call a key witness in the middle of trial; when that was the agreed defense, and the only evidence in the favor of the defendant that would raise reasonable doubt as to the guilt or innocence of the defendant in violation of the 5th and 6th Amendments to the U.S. Constitution?

When a Court offered a defendant a plea deal, is the right to proceed to trial equal to the right to take the plea deal, if both the court and state approved.

Question Presented (AI Summary)

whether-defendant's-6th-amendment-right-was-violated

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-01
Waiver of right of respondent Tim Shoop, Warden, et al. to respond filed.
2023-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 27, 2023)

Attorneys

Christopher Michael Williams
Christopher Michael Williams — Petitioner
Tim Shoop, Warden, et al.
Michael Jason HendershotOhio Attorney General's Office, Respondent