No. 18-7216

Jason Duhamel v. Michelle Miller, Warden

Lower Court: Sixth Circuit
Docketed: 2019-01-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment affidavit appellate-review buck-v-davis certificate-of-appealability civil-procedure civil-rights death-penalty declaration due-process habeas-corpus in-forma-pauperis intellectual-disability miller-el-standard poverty redress sixth-circuit threshold-merits
Key Terms:
DueProcess FifthAmendment CriminalProcedure HabeasCorpus Punishment
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who was intellectually disabled at the time of the offense

Question Presented (OCR Extract)

No question identified. : AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I; Jazon Dhania l , am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress. 1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly amount during Amount expected the past 12 months next month You Spouse You Spouse Employment $_22,00 ¢ O _ $ pe eS s O_ Self-employment g__O $ © $ oO ¢$_O Income from real property $ O $. oO $ Oo sO (such as rental income) Interest and dividends $__ 9 $ O _ $_O s O Gifts sO gs OO ¢ OO ¢ O Alimony gi Dies yes gem ee ogee fs gor te Child Support s FO ¢ OP gg O g O Retirement (such as social 5 O ¢$_ O ¢_ O gs _O security, pensions, annuities, insurance) Disability (such as social gs _O s CO > Pi i security, insurance payments) Unemployment payments g¢_O gO ¢$_ O gs O Public-assistance $ 9) gs_29° gs OF. ¢ 2 (such as welfare) Other (specify): =. gs _O ¢ O gO s O Total monthly income: $ a a QO $ O gs 22.0 00 $__O 2. List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Belmont Cocrect ional 68518 Bonnock Laide MPIOVMOR Ca esykd 2.00 eee conics eee ee ge mrs , ee Sc operas Sree eas a 3. List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment a en oe ee + eS ao Se at $_ 25. Bie ee ar 9 eee — —_— $_Seeeae eee — ee ——— —_——— SSE 4. How much cash do you and your spouse have? $. Below, state any money you or your spouse have in bank accounts or in any other financial institution. Type of account (e.g., checking or savings) Amount you have Amount your spouse has eG GFL a a 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. 0 Home CH Other real estate Value Value 0 Motor Vehicle #1 0 Motor Vehicle #2 Ca tamge Year, make & model Year, make & model Value Value 0 Other assets Dy C1 a a rere 6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or Amount owed to you Amount owed to your spouse your spouse money —e ee a ri ed , pa : a a $ — $ $_ 7. State the persons who rely on you or your spouse for support. For minor children, list initials instead of names (e.g. “J.S.” instead of “John Smith”). Name Relationship Age 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or annually to show the monthly rate. ; You Your spouse Rent or home-mortgage payment O O (include lot rented for mobile home) $ : $. Are real estate taxes included? (Yes (No Is property insurance included? [Yes (No Utilities (electricity, heating fuel, O O water, sewer, and telephone) $ $ Home maintenance (repairs and upkeep) $. Q $ O Food oe g OC Clothing s_ 9 s Laundry and dry-cleaning , a gO Medical and dental expenses s 9 3 CO You Your spouse Transportation (not including motor vehicle payments) s PD ¢ O Recreation, entertainment, newspapers, magazines, etc. 3 O sO Insurance (not deducted from wages or included in mortgage payments) Homeowner’s or renter’s 3 OO sO Life gO = =¢ OF Health gO = =—g OO Motor Vehicle gs OO 3 O Other: gs OO s OO Taxes (not deducted from wages or included in mortgage payments) (specify); g

Docket Entries

2019-02-19
Petition DENIED.
2019-01-31
DISTRIBUTED for Conference of 2/15/2019.
2019-01-18
Waiver of right of respondent Michelle Miller, Warden to respond filed.
2018-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 1, 2019)

Attorneys

Jason Duhamel
Jack BolandJack Boland, Attorney at Law, Petitioner
Jack BolandJack Boland, Attorney at Law, Petitioner
Michelle Miller, Warden
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent