No. 18-5336

Ventron Vaneke Lott v. Patrick Warren, Warden

Lower Court: Sixth Circuit
Docketed: 2018-07-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process effective-assistance-of-counsel evidence ineffective-assistance-of-counsel judicial-discretion michigan-law sentencing-guidelines sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the trial court erred in sentencing the petitioner under the restrictions of OV-1 and OV-2 of the Michigan Sentencing Guidelines in violation of his Sixth Amendment rights, where the record does not support such a scoring by a preponderance of the evidence

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. DID THE TRIAL COURT ERRED IN SENTENCING PETITIONER UNDER THE RESRICTIONS OF OV-1 AND OV-2 [OF THE MICHIGAN SENTENCING GUIDELINES] IN VIOLATION OF HIS CONSTITUTIONAL RIGHT UNDER THE SIXTH AMENDMENT, WHERE THE RECORD DOES NOT SUPPORT SUCH A SCORING BY A PREPONDENCE OF THE EVIDENCE. PEOPLE V LOCKRIDGE, 2015 MICH LEXIS 1774? Il. WAS PETITIONER LOTT DENIED HIS CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL UNDER THE SIXTH AMENDMENT, WHERE DEFENSE COUNSEL FAILED TO OBJECT TO THE SCORING UNDER OV-1 AND OV-2, RESULTING IN AN INACCURATE GUIDELINES RANGE REQUIRING RE-SENTENCING?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-30
DISTRIBUTED for Conference of 9/24/2018.
2018-08-23
Waiver of right of respondent Patrick Warren, Warden to respond filed.
2018-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2018)

Attorneys

Patrick Warren, Warden
Aaron David LindstromMichigan Department of Attorney General, Respondent
Ventron Lott
Ventron Vaneke Lott — Petitioner