No. 20-5129

David Aziel Sheer v. Patrick Warren, Warden

Lower Court: Sixth Circuit
Docketed: 2020-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability confrontation-clause effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether this Court should issue a writ of certiorari

Question Presented (OCR Extract)

ISSUE PRESENTED i. ‘ WHETHER THIS COURT SHOULD ISSUE A WRIT OF CERTIORARI IN ORDER TO CORRECT THE SIXTH CIRCUITS DECISION IN DENYING PETITIONER A CERTIFICATE OF APPEALABILITY AS ITS DECISION CONFLICTS WITH DECISION OF THIS COURT ON IMPORTANT MATTER OF FEDERAL LAW AS MR. SHEER HAS MADE A SUBSTANTIAL SHOWING OF THE DENIAL OF CONSTITUTIONAL RIGHT? II. WHETHER DAVID SHEER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO CONFRONTATION UNDER THE UNITED STATES CONSTITUTIONAL WHERE THE TRIAL COURT FAILED TO ADMINISTERED THE OATH TO MISTY JUSTICE PRIOR TO TESTIFYING UNDER MICH. COMP. LAW §600.14327 III. WHETHER DAVID SHEER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE HIS TRIAL COUNSEL FAILED TO ASSERT A TIMELY OBJECTION CHALLENGING THE CONFRONTATION CLAUSE VIOLATION OF MISTY JUSTICE NOT ADMINISTERED A OATH PRIOR TO TESTIFYING? Iv. WHETHER DAVID SHEER WAS DENIED HIS FOURTEENTH AMENDMENT RIGHT TO A FAIR TRIAL BY PROSECUTING ATTORNEY PROVIDING os FALSE TESTIMONY THAT MISTY JUSTICE AND DAVID SHEER RESIDED , TOGETHER AT THE TIME OF THE ROBBERY OF INTIMATE IDEA STORE? : Vv. WHETHER DAVID SHEER WAS DENIED HIS SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE HIS APPELLATE COUNSEL FAILED TO INVESTIGATE AND RAISE THE PROSECUTION DENIED HIM HIS FOURTEENTH AMENDMENT RIGHT TO FAIR TRIAL BY PRESENTING FALSE TESTIMONY TO THE JURY?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Waiver of right of respondent Patrick Warren, Warden to respond filed.
2020-04-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2020)

Attorneys

David Aziel Sheer
David Aziel Sheer — Petitioner
David Aziel Sheer — Petitioner
Patrick Warren, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent