No. 19-7578

Ray Edward Barry v. Patrick Warren, Warden

Lower Court: Sixth Circuit
Docketed: 2020-02-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion binding-over brady-violation circuit-court criminal-procedure dna-testing due-process evidence-suppression fourth-amendment ineffective-assistance-of-counsel ineffective-counsel lost-evidence prosecutorial-misconduct quash-information
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Did The District Court Abused Its Discretion In Binding Over To Circuit Court And The Circuit Court Erred In Refusing To Quash The Information?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Did The District Court Abused Its Discretion In Binding Over To Circuit Court And The Circuit Court Erred In Refusing To Quash The Information? Did The Trial Court Abused Its Discretion In Denying The Motion To Quash The Information And Dismiss The Charges With Prejudice When It Was Discovered That Clearly Exculpatory Evidence Had Been Lost Do To Negligence Of The Police In Mailing It To An Independent Laboratory For DNA Testing. The Trial Court Erroneously Ruled That The Evidence Was Not Clearly Exculpatory And Due Process Requires That The Conviction Be Vacated And The Charges Be Dismissed. U.S. Const. Am XIV. Additionally, The Trial Court Reversibly Erred In Failing To Give An Adverse Inference Instruction To The Jury? ; Did The Trial Court Abused Its Discretion In Failing To Admit Evidence Under MRE 404(B) That The Putative Third Party Assailant Had Choked His Daughter With A Wooden Stick Such That She Suffered Blunt Force Trauma When The Forensic Evidence Showed That The Deceased Suffered Blunt Force Trauma, As Well As Stab Wounds, And A Tree Branch Was Found Over His Body? Was Petitioner Denied A Fair Trial And Due Process Of Law, And Did The Trial Court Abused Its Discretion In Failing To Order A Mistrial, When The Prosecution Failed To Disclosed To The Defense Certain Critical Evidence — Additional Hairs — Although The Prosecution Knew That The Evidential Value Of The Hairs Taken From The Crime Scene Were Critical. This Amounts To A Brady Violation And Prosecutor Misconduct And The Remedy Is Vacating The Conviction And Dismissal Of The Charges. Finally, Trial Counsel Was Ineffective In Failing Earlier To See That Additional Hairs Remained Which Could Have Been Tested, And To Request Testing Of These Hairs? Must Petitioner’s Conviction Be Vacated And The Charges Dismissed Due To Insufficiency Of The Evidence. U.S. Const. Am Xiv? 1

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-03
Waiver of right of respondent Patrick Warren, Warden to respond filed.
2020-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2020)

Attorneys

Patrick Warren, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Ray E. Barry
Ray Edward Barry — Petitioner
Ray Edward Barry — Petitioner