No. 19-6271

Gary Patrick Lewis v. Michigan

Lower Court: Michigan
Docketed: 2019-10-16
Status: Denied
Type: IFP
IFP
Tags: affidavit-of-indigency appointed-counsel arson-conviction criminal-appeal criminal-procedure due-process in-forma-pauperis indigency indigent-defendant michigan-court right-to-counsel state-appellate-defender state-court-appeal
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Gary Patrick Lewis

Question Presented (OCR Extract)

No question identified. : NO. 19In The SUPREME COURT OF THE UNITED STATES Gary Patrick Lewis, Petitioner, Vv. Michigan, Respondent. MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS Petitioner Gary Patrick Lewis, through his appointed counsel, the State Appellate Defender Office (““SADO”), by Assistant Defenders Adrienne N. Young and Jacqueline J. McCann, respectfully asks this Honorable Court for leave to proceed in forma pauperis so that he may file the concurrently submitted Petition for Writ of Certiorari with this Court. The state trial court found Mr. Lewis to be indigent and it appointed SADO, Michigan’s state-wide appellate public defender office, to represent Mr. Lewis on appeal following his 2014 convictions. (See attached order of appointment). SADO has continuously represented Mr. Lewis since _ its appointment. Mr. Lewis remains indigent and has been incarcerated in connection with this matter since 2014. (See Mr. Lewis’s attached affidavit of indigency). Respectfully submitted, /s/ Jacqueline J. McCann Jacqueline J. McCann* Assistant Defender Dated: October 11, 2019 *Counsel of Record. Order of Appointment Fe , Zz & Z 22 STATE OF MICHIGAN CLAIM OF APPEAL AND CASE NO. AND SUFFIX 3rd JUDICIAL CIRCUIT ORDER APPOINTING COUNSEL 14-6454 01 WAYNE COUNTY Court Address Court Phone No. 1441 ST. ANTOINE, ROOM 917, DETROIT, MI 48226 (313) 224-6221 People of THE STATE OF MICHIGAN Date of Birth, Address, inmate Number (if known) 12/28/1959] Vv BAIRD DETENTION 2015001679} 570 CLINTON Defendant Name, Last First Middle DETROIT, MI 48226 LEWIS GARY PATRICK [Terms of Incarceration | Intermediate Sanctions __| Offense Information [Minima | Maximum | | Probation [| [Description “Paco Gode THT OTA, S| ore Te ee ere re ccs CO A [ioe et ae ee ome ee er rer TT psowrensonnt rover pore eT rt et Pe H=Habitual C=Conspiracy A=Attempt S=Solicitation Y=Vear M=Month D=Day K=Consecutive P=Prison J=Jail F=Fine O=Other The defendant claims an appeal from a final judgment or order entered on 12/23/2014 in the 3rd Circuit Court, WAYNE County, Michigan by Judge LAWRENCE S. TALON 36707. Copies of the final judgment or order being appealed and docket entries are attached for the Court of Appeals, appointed counsel, and Michigan Appellate Assigned Counsel System. : On 01/23/2015, the defendant filed a request for appointment of counsel and a declaration of indigency. IT 1S ORDERED: STATE APPELLATE DEFENDER OFFICE 645 GRISWOLD, PENOBSCOT BLDG., SUITE 3300 Name of Appellate Counsel Address DETROIT, MI 48226 313-256-9833 1 City, State, ZIP Code Telephone No. Bar No. ls appointed counsel for the defendant in post-conviction proceedings. If appointed counsel can not or will not accept this appointment, he/she shall notify the court immediately. Copies of the final judgment or order being appealed and docket entries are attached for appointed counsel and Michigan Appellate Assigned Counsel System (MAACS). The court shall file with the trial court clerk the transcripts checked below and any other transcripts requested by counsel in this case not previously transcribed. Transcripts shall be filed within 28 days for pleas or 91 days for trials from the date ordered or requested [MCR 7.20(B)]. shall be paid as provided by law. Number Proceeding lurytral anne secun |] TT] tzone_— | —S*d id ae | SSC*dSSSCSdSCSSC Cn] | S*d SSS SSS iano | | + SSSCS~dSSS*dYCSC*dY iran lsentence awertesecun [id | id ran | The clerk shall immediately send to counsel a copy of the transcripts ordered above or requested by counsel as they become available. The clerk shall forward documents upon request by counsel [MCR 6.433]. CC403 (3/13) JAN 2 6 2015 Page 1 of 2 MCR 6.425(G), MCR 6.433, MCR 7.210(B)(3) APPELLATE DEFENDER OFFICE Te lp thos ROBERT J. COLOMBO, JR. 25806 Date Judge Bar No. CERTIFICATE OF MAILING | certify that on this date | mailed a copy of this claim of appeal to appointed prosecutor, Court of Appeals, and the Michigan Appellate Assigned Cousel System (MAACS). |

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-11-15
Brief of respondent Michigan in opposition filed.
2019-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2019)
2019-08-15
Application (19A178) granted by Justice Sotomayor extending the time to file until October 14, 2019.
2019-08-13
Application (19A178) to extend the time to file a petition for a writ of certiorari from August 15, 2019 to October 14, 2019, submitted to Justice Sotomayor.

Attorneys

Gary Lewis
Jacqueline Jenni McCannState Appellate Defender Office, Petitioner
Michigan
Amy Marie SomersWayne County Prosecutor' s Office, Respondent