No. 19-5263

Miah Stroud v. Shawn Brewer, Warden

Lower Court: Sixth Circuit
Docketed: 2019-07-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-right-to-defense constitutional-rights criminal-conviction criminal-procedure due-process expert-testimony expert-witness felonious-assault insufficient-evidence misidentification police-influence prosecutorial-evidence prosecutorial-misconduct second-degree-murder sufficiency-of-evidence witness-identification
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the courts erroneously deny Ms. Stroud's constitutional right to due process when she was convicted of second degree murder and three counts of felonious assault where the evidence was legally insufficient and violative of due process where the prosecutor failed to prove that her acts or encouragement caused the death or the assaults?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. DID THE COURTS ERRONEOUSLY DENY MS. STROUD'S CONSTITUTIONAL RIGHT TO DUE PROCESS WHEN SHE WAS CONVICTED OF SECOND DEGREE MURDER AND THREE COUNTS OF FELONIOUS ASSAULT WHERE THE EVIDENCE WAS LEGALLY INSUFFICIENT AND VIOLATIVE OF DUE PROCESS WHERE THE PROSECUTOR FAILED TO PROVE THAT HER ACTS OR ENCOURAGEMENT CAUSED THE DEATH OR THE ASSAULTS? II. DID THE COURTS ERRONEOUSLY DENY MS. STROUD'S CONSTITUTIONAL RIGHT TO DUE PROCESS BY REFUSING TO SUPPRESS COMPLAINANT LATASHA BARGAINEER'S MISIDENTIFICATION OF HER THAT WAS : INFECTED BY IMPROPER POLICE INFLUENCE AND SHOULD A NEW TRIAL , BE GRANTED? III. COULD JURISTS OF REASON HAVE ACQUITTED MS. STROUD OF ALL CHARGES IF SHE WAS NOT DEPRIVED OF HER CONSTITUTIONAL RIGHT TO PRESENT A DEFENSE WHEN THE COURTS FAILED TO QUALIFY DR. TERRENCE CAMPBELL AS AN EXPERT WITNESS FOR HER ONLY DEFENSE OF MISIDENTIFICATION WHO'S TESTIMONY WAS RELEVANT AND RELIABLE? i

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-30
Waiver of right of respondent Shawn Brewer, Warden to respond filed.
2019-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 21, 2019)

Attorneys

Miah Stroud
Miah Stroud — Petitioner
Shawn Brewer, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent