No. 19-7750

Russell Patrick Brown v. Kenneth D. Hutchison, Warden

Lower Court: Sixth Circuit
Docketed: 2020-02-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 1st-degree-murder constitutional-due-process constitutional-violation conviction criminal-conviction due-process insufficient-evidence jackson-v-virginia jury-instruction premeditation self-defense supreme-court-precedent
Key Terms:
DueProcess
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether it's a U.S. constituion Due Process violation proscribed by this court in Jackson v. Virginia, for Mr. Brown's 1st degree murder conviction to be based on evidence insufficient to prove the required 'premeditation' element of the offence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED This case presents two important nationwide issues: the first ; concerns an inappropriate application of a U.S. Supreme Court : precedent and whether this court has the authority to enforce the Supreme Law of the land the U.S. Consitution when the lower courts have failed to properly apply it to the facts of a case, and the second concerns an issue that this court has yet to set : a controlling precedent for. This petition represented an . opportunity for the Supreme Court to re-establish our Constitution, the best document ever written, as the Supreme law of the land. (1) Whether it's a U.S. constituion Due Process violation : proscribed by this court in Jackson v. Virginia, for Mr. Brown's 1st degree murder conviction to be based on evidence insufficient to prove the required "premeditation" element of the offence? (2) Since self-defense is a constitutionally protected conduct, then is it a due process violation for a trial court to refuse to give a self-defense instruction to the jury when it's an issue at trialor the evdience demonstrates : the possibility thereof? 4 ii. 3 .TABLE OF CONTENT Question PLYeESeENted.. cic eceee creer cacrn vr vcs Li

Docket Entries

2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-25
Waiver of right of respondent Kenneth D. Hutchison, Warden to respond filed.
2020-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2020)

Attorneys

Kenneth D. Hutchison, Warden
Meredith Wood BowenOffice of the Tennessee Attorney General, Respondent
Russell P. Brown
Russell Patrick Brown — Petitioner