No. 18-7110

James M. Flinn v. Mike Parris, Warden

Lower Court: Sixth Circuit
Docketed: 2018-12-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence
Key Terms:
DueProcess HabeasCorpus CriminalProcedure JusticiabilityDoctri
Latest Conference: 2019-01-11
Question Presented (AI Summary)

Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In this case, the Court of Appeals for the Sixth Circuit holds that an essential element can be proved by reading to the jury the allegations in the defendant's indictment. Missing from the Sixth Circuit's order is an explanation as to how an essential element can be proved by reading to the jury the allegations in the defendant's indictment, an explanation as to how an allegation based on probable cause is transformed into proof beyond a reasonable doubt when read to the jury, and an explanation as to how one of the elements is proved by reading to the jury the allegations in the defendant's indictment, without proving all the elements, The Petitioner again asks this court to decide: (1) Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause of the Fourteenth Amendment when, pursuant to the State's practice, the allegations in the Petitioner's indictment of the essential elements were read to the jury by the district attorney as conclusive evidence of one of the elements? at

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-21
Waiver of right of respondent Parris, Warden to respond filed.
2018-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 18, 2019)

Attorneys

James M. Flinn
James M. Flinn — Petitioner
James M. Flinn — Petitioner
Parris, Warden
Nicholas White SpanglerOffice of Tennessee Attorney General, Respondent
Nicholas White SpanglerOffice of Tennessee Attorney General, Respondent