No. 20-1496

Ali Mohamed Elatrache v. Shane Jackson, Warden

Lower Court: Sixth Circuit
Docketed: 2021-04-26
Status: Denied
Type: Paid
Response Waived
Tags: capital-murder constitutional-rights due-process first-degree-murder jury-instructions jury-trial lesser-included-offenses procedural-default trial-by-jury
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus Punishment
Latest Conference: 2021-06-24
Question Presented (AI Summary)

whether-petitioner-was-deprived-of-due-process-and-jury-trial

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. WHETHER REASONABLE JURISTS COULD DIFFER AS TO WHETHER PETITIONER WAS DEPRIVED OF A CONSTITUTIONAL RIGHT TO DUE PROCESS AND TO TRIAL BY JURY WHEN THE STATE COURT REFUSED TO INSTRUCT THE JURY ON LESSER INCLUDED OFFENSES TO MICHIGAN’S FIRST-DEGREE “CAPITAL” MURDER CHARGE. II. WHETHER JURISTS OF REASON COULD FIND IT DEBATABLE WHETHER THE ERRONEOUS JURY INSTRUCTION ON UNANIMITY WAS PROCEDURALLY DEFAULTED. III. THE RIGHT OF CONFRONTATION AND BRADY VIOLATIONS. IV. PROSECUTORIAL MISCONDUCT. V. ADMISSION OF OTHER BAD ACTS. VI. WHETHER PETITIONER WAS DEPRIVED OF EFFECTIVE ASSISTANCE OF COUNSEL.

Docket Entries

2021-06-28
Petition DENIED.
2021-06-08
Waiver of right of respondent Shane Jackson, Warden to respond filed.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-04-21
Petition for a writ of certiorari filed. (Response due May 26, 2021)

Attorneys

Ali Mohamed Elatrache
Craig A. DalyCraig A. Daly, P.C., Petitioner
Shane Jackson, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent