No. 18-9199

Peter Alfred Perez v. Michigan

Lower Court: Michigan
Docketed: 2019-05-09
Status: Denied
Type: IFP
IFP
Tags: brady-violation constitutional-rights criminal-procedure crosby-hearing due-process impartial-jury ineffective-assistance ineffective-counsel jury-impartiality mistrial resentencing
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the trial court abuse its discretion in denying relief from judgment based on a violation of the right to an impartial jury and ineffective assistance of counsel?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I DID THE TRIAL COURT ABUSEITS DISCRETION IN DENYING MR. PEREZ RELIEF FROM JUDGMENT WHERE HE WAS DENIED HIS CONSTITUTIONAL RIGHT TO AN IMPARTIAL JURY BASED ON A POLICE OFFICER’S ENUMERATION OF PAST CRIMES TO THE JURY BEFORE THE JURY WAS EVEN EMPANELED AND WAS COUNSEL INEFFECTIVE FOR NOT CONDUCTING A NECESSARY FOLLOW UP? I DID THE TRIAL COURT ABUSE ITS DISCRETION IN DENYING RELIEF FROM JUDGMENT WHERE MR. PEREZ ALLEGED A DUE PROCESS VIOLATION BASED ON THE PROSECUTION’S REFUSAL TO PROVIDE COMPLETE DISCOVERY OF THE NAMES OF WITNESSES THAT WOULD HAVE PROVIDED HIM WITH A VIABLE DEFENSE, AND WHERE THE TRIAL COURT FAILED TO DECLARE A MISTRIAL FOR THE AFOREMENTIONED BRADY VIOLATION? : Il : IS PETITIONER ENTITLED TO A CROSBY HEARING OR RESENTENCING UNDER PEOPLE V LOCKRIDGE, WHERE HIS SENTENCE IS BASED IN PART UPON AN UNCONSTITUTIONAL LAW AND IS VOID BASED UPON THE UNITED STATES SUPREME COURT OPINION IN MONTGOMERY V LOUISIANA WHICH HELD THAT A CONVICTION OR SENTENCE BASED UPON AN UNCONSTITUTIONAL LAW IS VOID AB INITO? i

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2018-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)

Attorneys

Peter A. Perez
Peter A. Perez — Petitioner