No. 20-5247

Avern Lee Burnside v. Randee Rewerts, Warden

Lower Court: Sixth Circuit
Docketed: 2020-08-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: certificate-of-appealability due-process habeas-corpus newly-discovered-evidence perjured-testimony presumption-of-correctness prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Whether Mr. Burnside's due-process rights were violated and he is entitled to a new trial based on newly-discovered-evidence where the prosecutor knowingly used perjured-testimony

Question Presented (OCR Extract)

QUESTIONS PRESENTED ARGUMENT I DID THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AND THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ERRONEQUSL'Y DENIED MR. BURNSIDE'S . REQUEST FOR A CERTIFICATE OF APPEAUABILITY IN THIS HABEAS CORPUS CASE WHERE JURISTS OF REASON coup cUearty DEBATE WHETHER MR. BURNSIDE'S DUE PROCESS RIGHTS WERE VIOUATED AND . HE IS ENTITLED TO A NEW TRIAU BASED ON NEULy DISCOVERED EVIDENCE, WHERE THE PROSECUTOR KNOWINGLY USED PERIJURED TESTIMONY FROM LEAH WATSON, WHOSE TESTIMONY WAS BASED ON THREATS AND INTIMIDATION; AND THAT JUDGE FARAH'S FACTUAL FINDINGS ARE NOT ENTITUED TO A PRESUMPTION OF CORRECTNESS? Fa

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-10-20
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Waiver of right of respondent Randee Rewerts,Warden to respond filed.
2020-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2020)

Attorneys

Avern L. Burnside
Avern Lee Burnside — Petitioner
Avern Lee Burnside — Petitioner
Randee Rewerts,Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent