No. 19-5756

In Re James Bryant

Lower Court: N/A
Docketed: 2019-08-29
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-review criminal-procedure due-process felony-murder felony-murder-doctrine-retroactivity habeas-corpus habeas-corpus-jurisdiction jurisdiction retroactive-application retroactivity subject-matter-jurisdiction vagueness
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-12-06 (distributed 2 times)
Question Presented (AI Summary)

Whether the state trial court lacked subject-matter jurisdiction by convicting Petitioner in 1971 under a vague first-degree murder statute

Question Presented (from Petition)

QUESTIONS PRESENTED I Whether the state trial court lacked subject-matter jurisdiction by convicting Petitioner in 1971 under a vague first-degree murder statute, MCL § 750.316, that did not define what constituted murder? II Whether People y Aaron, decided 9 years later, abrogating the first-degree felony murder doctrine, should be applied retroactively to Petitioner's conviction under Teague y Lane? Til Whether Petitioner has established his entitlement to habeas relief by invoking this Court's Original ; Jurisdiction and discretionary powers to grant the writ in aid of its appellate jurisdiction by demonstrating exceptional circumstances and where adequate relief cannot be obtained in any form or from any court? 1 * THE PARTIES The Petitioner is James Bryant, a 73 year old state prisoner serving a mandatory life sentence for firstdegree felony murder out of Wayne County, Michigan, Case #71-004908-01-FC, under the jurisdiction of the Michigan Department of Corrections, currently confined at the Saginaw Correctional Facility in Freeland, Michigan. The Respondents are the Governor Grethen Witmer, State of Michigan; Attorney General Dana Nessel; MDOC Director Heidi Washington; and Warden Thomas Winn, Saginaw Correctional Facility. 2 . Table of_Contents Questions Presented -enn rn een ewer cree e nee neens The Parties -tren enn nnn eee n nen ne 2 . Table of Cases ---n-n-ne nnn nn nnn nnn ern enene 4 Decisions Below State Court Proceedings -7 Decisions Below Federal Court Proceedings +-8 Jurisdiction -nnn e renee cence nee e ence eee n ences 9 Constitutional and Statutory Provisions Involved -9

Docket Entries

2019-12-09
Rehearing DENIED.
2019-11-13
DISTRIBUTED for Conference of 12/6/2019.
2019-10-17
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-08-06
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

In Re: James Bryant
James Bryant — Petitioner
James Bryant — Petitioner