No. 18-6656

Timothy Kyle Prince v. Shane Jackson, Warden

Lower Court: Sixth Circuit
Docketed: 2018-11-13
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights due-process eyewitness-identification fair-trial fourteenth-amendment sixth-amendment suggestive-identification suggestive-procedures unreliable-identification witness-identification
Latest Conference: 2019-01-11
Question Presented (from Petition)

WHETHER PETITIONER WAS DENIED OF HIS SIXTH AND FOURTEENTH AMENDMENT RIGHTS TO A FAIR TRIAL, DUE PROCESS, WHERE BOTH GREGORY AND BRENDA RUSHLOW'S IN-COURT IDENTIFICATION OF THE DEFENDANT SHOULD HAVE BEEN SUPPRESSED, AS THEY WERE BASED ON UNNECESSARILY SUGGESTIVE PHOTOGRAPHIC LINE-UPS AND THE IDENTIFICATIONS WERE INHERENTLY UNRELIABLE?

II. WHETHER PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHT TO A FAIR HEARING AND TO DUE PROCESS WERE VIOLATED WHERE THE SIXTH CIRCUIT ABUSED ITS DISCRETION AND MISCONSTRUED A MOTIONTO AMEND ---AND.- ADD ADDITIONAL ARGUMENTS TO HIS REQUEST FOR ISSUANCE OF CERTIFICATE OF APPEALABILITY AND TREATED NINE OF HIS TEN CLAIMS AS ABANDONED CLAIMS AND REFUSED TO ENTERTAIN HIS RULE 60(b) MOTION ADDRESSING THE COURT'S RULING THAT HE HAD ABANDONMENT HIS CLAIMS?

Question Presented (AI Summary)

Whether petitioner was denied of his Sixth and Fourteenth Amendment rights to a fair trial, due process

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-10-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2018)

Attorneys

Timothy K. Prince
Tyler Kyle Prince — Petitioner