No. 19-7299

John Joseph Barrera v. Noah Nagy, Warden

Lower Court: Sixth Circuit
Docketed: 2020-01-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process false-information fourteenth-amendment habeas habeas-corpus sentencing sentencing-accuracy sixth-amendment townsend-v-burke
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Where a state criminal defendant has been sentenced on the basis of inaccurate/false information used by the sentencer to increase his punishment, following a remand from the state highest court for correction and resentencing, and the same punishment was again imposed, is habeas relief warranted under this court's ruling in Townsend v Burke on due process protections under US Const. Amend. XIV?

Question Presented (OCR Extract)

QUESTION PRESENTED WHERE A STATE CRIMINAL DEFENDANT HAS BEEN SENTENCED ON THE BASIS OF INACCURATE/FALSE INFORMATION USED BY THE SENTENCER TO INCREASE HIS PUNISHMENT, FOLLOWING A REMAND FROM THE STATE HIGHEST COURT FOR CORRECTION AND RESENTENCING, AND THE SAME PUNISHMENT WAS AGAIN IMPOSED, IS HABEAS RELIEF WARRANTED UNDER THIS COURT'S RULING IN TOWNSEND V BURKE ON DUE PROCESS PROTECTIONS UNDER US CONST. AMEND. XIV? Petitioner ANSWELS vce sceeesestes ess

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-21
Waiver of right of respondent Noah Nagy, Warden (limited appearance, no service in LC) to respond filed.
2020-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2020)

Attorneys

John J. Barrera
John Joseph Barrera — Petitioner
John Joseph Barrera — Petitioner
Noah Nagy, Warden (limited appearance, no service in LC)
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent