Isiah Edward Gilliam v. Michigan
DueProcess CriminalProcedure
Was Mr. Gilliam denied due process and a fair trial
QUESTIONS PRESENTED I. WAS MR. GILLIAM DENIED DUE PROCESS AND A FAIR TRIAL WHEN THE PROSECUTION FAILED TO PROVIDE TIMELY DISCOVERY AS REQUIRED? Ul. WAS MR. GILLIAM DENIED THE RIGHT TO A FAIR TRIAL AND A MISTRIAL SHOULD HAVE BEEN GRANTED WHERE THE TRIAL COURT INSINUATED IN RESPONSE TO A JURY QUESTION THAT MR. GILLIAM HAD THREE PRIOR CONVICTIONS? Il. IS MR. GILLIAM GUILTY OF THE ASSAULTIVE OFFENSES WHEN THERE IS INSUFFICIENT EVIDENCE TO SUPPORT SUCH CONVICTIONS SINCE MR. GILLIAM WAS ACTING IN LAWFUL SELF-DEFENSE? Iv. IS MR. GILLIAM ENTITLED TO RESENTENCING AS A NONHABITUAL OFFENDER WHERE THE PROSECUTORS OFFICE , _ FAILED TO SERVE THE HABITUAL OFFENDER NOTICE AS REQUIRED BY STATUTE AND COURT RULE? Vv. WAS THE SEARCH AND SEIZURE OF THE GRAY YUKON IN VIOLATION OF THE U.S. AND MICHIGAN CONSTITUTIONS AND SO . MUST RESULT IN THE SUPPRESSION OF THE CELL PHONE AND TEXT MESSAGES THAT WERE SEIZED FROM THAT VEHICLE AS THE FRUIT OF A POISONOUS TREE? VI. DID THE SEIZURE WITHOUT A WARRANT OF THE TEXT MESSAGES TAKEN FROM THE CELL PHONE DURING A SECOND SEARCH VIOLATE THE U.S. AND MICHIGAN CONSTITUTIONS AND THEREFORE MUST BE SUPPRESSED? VIL DID DEFENSE COUNSEL’S PERFORMANCE AT TRIAL FALL BELOW AN OBJECTIVE STANDARD OF REASONABLENESS AND THEREFORE VIOLATE APPELLANT’S RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL? i