No. 18-1016

Lloyd Gene Beam v. Michigan

Lower Court: Michigan
Docketed: 2019-02-04
Status: Denied
Type: Paid
Response Waived
Tags: collateral-review criminal-procedure due-process federal-constitution judicial-impartiality judicial-impartiality-standard-retroactivity montgomery-v-louisiana retroactive-application state-collateral-review teague-retroactivity teague-v-lane watershed-rule watershed-rules
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Was the new standard from People v. Stevens a decision by the Michigan Supreme Court interpreting the federal Constitution?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Was the new standard from People v. Stevens, 498 Mich. 162, 869 N.W.2d 233 (2015), for determining whether a trial judge exhibited improper partiality, a decision by the Michigan Supreme Court interpreting the federal Constitution? 2. When a state court of last resort interprets the federal Constitution and, later, in a collateral review of a state conviction, has cause to determine whether that interpretation is a “new rule” deserving retroactive application under Teague v. Lane, 489 U.S. 288 (1989), must that state court follow the guidelines set by the United States Supreme Court in Teague and its progeny for applying the new rule retroactively? 3. Should this Court extend the holding in Montgomery v. Louisiana, 136 S.Ct. 718 (2016) and require, as a matter of constitutional law, state collateral review courts to give retroactive effect to new watershed rules of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-27
DISTRIBUTED for Conference of 3/15/2019.
2019-02-14
Waiver of right of respondent Michigan to respond filed.
2018-01-28
Petition for a writ of certiorari filed. (Response due March 6, 2019)

Attorneys

Lloyd Gene Beam
John F. Royal — Petitioner
John F. Royal — Petitioner
Michigan
Jason W. WilliamsWayne County Prosecutor's Office, Respondent
Jason W. WilliamsWayne County Prosecutor's Office, Respondent