No. 19-6380

Emerson L. Beverly v. Sherry L. Burt, Warden

Lower Court: Sixth Circuit
Docketed: 2019-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment criminal-procedure due-process eighth-amendment fair-trial fair-trial-14th-amendment fair-trial-6th-amendment fourteenth-amendment prosecutorial-misconduct red-herring sentencing-review sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Did the prosecutor's repeated reference to petitioner's defense as a 'red hearing' constitute misconduct thereby denying petitioner a fair trial in violation of the 6th and 14th Amendments?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. DID THE PROSECUTOR’S REPEATED REFERENCE TO PETITIONER’S DEFENSE AS A “RED HEARING” CONSTITUTE MISCONDUCT THEREBY DENYING PETITIONER A FAIR TRIAL IN VIOLATION OF THE 6TH AND 14TH : AMENDMENTS? Petitioner says “YES” Respondent says “NO” Lower Courts says “NO” II. DID FAILURE TO BE CONSISTENT DEPRIVE PETITIONER OF NOTICE THAT HE WAS NOT WELCOME IN THE VICTIM’S HOME WHICH EXCUSES THE ENTRY RENDERING THE CONVICTION INSUFFICIENT IN VIOLATION OF THE 14TH AMENDMENT? Petitioner says “YES” Respondent says “NO” Lower Courts says “NO” Ill. DOES THE CONSIDERATION OF INACCURATE AND UNSUPPORTED INFORMATION VIOLATE TOWNSEND V BURKE, 334 U.S. 736 RENDERING THE SENTENCE A VIOLATION OF DUE PROCESS? Petitioner says “YES” Respondent says “NO” Lower Courts says “NO” IV. IS A COMBINED 50 YEARS FOR AN ASSAULT AND HOME INVASION A VIOLATION OF THE EIGHTH AMENDMENT? Petitioner says “YES” Respondent says “NO” Lower Courts says “NO”

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-07
Waiver of right of respondent Sherry L. Burt, Waren to respond filed.
2019-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 25, 2019)

Attorneys

Emerson L. Beverly
Emerson L. Beverly — Petitioner
Emerson L. Beverly — Petitioner
Sherry L. Burt, Waren
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent