No. 24-5843

Jerome R. Sueing v. Noah Nagy, Warden

Lower Court: Sixth Circuit
Docketed: 2024-10-29
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process ineffective-assistance prosecutorial-misconduct sixth-amendment trial-procedure
Key Terms:
DueProcess
Latest Conference: 2025-01-10
Question Presented (from Petition)

I. Court violated Petitioner's right to due process — denied him his right to a fair trial by joining the unrelated cases of aggravated indecent exposure which each capped a second count of indecent exposure by a sexually immature prejudicial.

II. The trial court abused its discretion and denied [Petitioner] his due process rights by admitting evidence of past acts that should not have been admitted.

III. [Petitioner] did not receive the adequate fulfillment of his constitutional rights. [Petitioner] claims that during opening statements, the prosecutor improperly referenced the testimony of a professor and a police officer from 2003 at Kendall College. [Petitioner] asserts that the prosecutor's comments violated his Sixth Amendment right to confront witnesses. [Petitioner] claims that neither the professor nor the police officer testified. [Petitioner] further claims that defense counsel was ineffective for failing to move for a mistrial based on the prosecutor's opening statement. These comments were prejudicial to [Petitioner] and impaired his ability to receive effective assistance of counsel. [Petitioner] further claims that defense counsel was ineffective in requesting a cautionary instruction or assistance of counsel in requesting a cautionary instruction.

IV.

Question Presented (AI Summary)

Whether the trial court violated Petitioner's due process rights by joining unrelated cases and improperly admitting prejudicial testimony

Docket Entries

2025-01-13
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-12-04
Waiver of right of respondent Noah Nagy, Warden to respond filed.
2024-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2024)

Attorneys

Jerome Sueing
Jerome R. Sueing — Petitioner
Noah Nagy, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent