No. 18-8132

Anthony D. Phillips v. Bonita Hoffner, Warden

Lower Court: Sixth Circuit
Docketed: 2019-02-26
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: adjudication-on-the-merits AEDPA aedpa-standards constitutional-error due-process evidence-sufficiency ineffective-assistance-of-counsel jackson-v-virginia plain-error plain-error-review sixth-amendment sufficiency-of-evidence
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether a constitutional error reviewed under plain error standards is an adjudication on the merits; and whether AEDPA deferential standards of review are applicable?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. During Petitioner Anthony OD. Phillips state appellate court proceedings, the appellate panel addressed several constitutional errors and determined they were unpreserved constitutional claims and viewed them under plain error standards. The Michigan court of appeals panel concluded the unpreserved claims of constitutional error did not affect Petitioner's substantial rights. The lower federal courts have conflicting case authority as to whether a constitutional error reviewed under opilain-error analysis is considered an adjudication on the merits. The question is as follows: WHETHER A CONSTITUTIONAL ERROR REVIEWED UNDER PLAIN ERROR STANDARDS iS AN ADJUDICATION ON THE MERITS; AND WHETHER AEDPA DEFERENTIAL STANDARDS OF REVIEW ARE APPLICABLE? : Il. WHETHER MULTIPLE SIXTH AMENDMENT VIOLATIONS IN PETITIONER'S CASE INFECTED THE TRIAL WITH UNFAIRNESS AS TO MAKE THE RESULTING CONVICTION A DENIAL OF DUE PROCESS? ill. Where a state prosecutor has impermissibly introduced false inculpatory evidence for the jury to decide Petitioner's guilt or innocence. The quesiion is as follows: . WHETHER JACKSON V. VIRGINIA, 443 U.S. 307 (1978) STANDARDS ARE APPLICABLE TO A CHALLENGE THAT THE STATE'S EVIDENCE Is INSUFFICIENT, WHERE THE JURY HAS BASED ITS VERDICT ON FALSE EVIDENCE?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-11
Reply of petitioner Anthony D. Phillips filed. (Distributed)
2019-05-31
Brief of respondent Bontia Hoffner, Warden in opposition filed.
2019-04-26
Motion to extend the time to file a response is granted and the time is extended to and including May 31, 2019.
2019-04-24
Motion to extend the time to file a response from May 1, 2019 to May 31, 2019, submitted to The Clerk.
2019-04-01
Response Requested. (Due May 1, 2019)
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-11
Waiver of right of respondent Bontia Hoffner, Warden to respond filed.
2019-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2019)

Attorneys

Anthony D. Phillips
Anthony D. Phillips — Petitioner
Anthony D. Phillips — Petitioner
Bontia Hoffner, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent