No. 19-6591

In Re Kenneth Uncapher

Lower Court: N/A
Docketed: 2019-11-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment appellate-review constitutional-rights criminal-procedure due-process fair-trial ineffective-assistance ineffective-assistance-of-counsel jury jury-bias jury-misconduct mistrial newly-discovered-evidence victim
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Was the Petitioner denied a fair trial?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. | Was the Petitioner denied a fair trial where a member of the jury told the judge he was accosted outside of the courtroom by members of the victim’s family, where other jurors were tainted by comments and disparaging remarks made during the trial, and the court’s refusal to grant a mistrial on these grounds? IL Did the trial court’s misinterpretation of Carpenter deny the petitioner of his VI and XIV Constitutional right to due process when the trial court used the case to preclude evidence, thereby denying Petitioner a full defense? Ill. _Is Petitioner entitled to a new trial where newly discovered evidence was discovered after his appeal of right, regarding the adverse side effects of the Petitioner’s prescription to Zoloft? IV. Was Petitioner denied his VI Amendment right to effective assistance of appellate counsel and his XIV Amendment right to due process and a fair appeal of right where counsel failed to raise significant and obvious issues? V. Was Petitioner denied his XIV Amendment right to due process where trial court refused to hold an evidentiary hearing on his non-record claim of newly discovered evidence as mandated by state and federal law and the court’s failure to apply the appropriate test in review of his newly discovered evidence? a. :

Docket Entries

2019-12-09
Petition DENIED.
2019-11-22
Waiver of right of respondent Dewayne Burton, Warden to respond filed.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-06
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Dewayne Burton, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Kenneth Uncapher
Kenneth Uncapher — Petitioner
Kenneth Uncapher — Petitioner