No. 20-6245

Jovon C. Davis v. Willis Chapman, Warden

Lower Court: Sixth Circuit
Docketed: 2020-11-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process effective-assistance-of-counsel fair-trial fourteenth-amendment ineffective-assistance jury-selection sixth-amendment trial-counsel
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Denial of Sixth and Fourteenth Amendment rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED 7. WHERE PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS GUARANTEED UNDER THE U.S. CONSTITUTION AS WELL AS MICHIGAN CONSTITUTION OF 1963, ART.1,§20 DENIED, . WHERE THE TRIAL COURT ABUSED ITS DISCRETION BY FAILING TO HEAR PETITIONER'S MOTIGN FOR SUBSTITUTION OF APPELLATE COUNSEL? 2. WHERE PETITIONER'S SIXTH AMENDMENT RIGHT GUARANTEED UNDER THE U.S. CONSTITUTION DENIED, WHERE THE TRIAL . COURT REFUSED TO ADJOURN HIS CASE ONCE NEW COUNSEL WAS RETAINED? 3. WHERE PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS GUARANTEED UNDER U.S. CONSTITUTION, TO A FAIR TRIAL AND DUE PROCESS DENIED, WHERE THE TRIAL COURT ABUSED ITS DISCRETION, WHEN ENDORSING A LATE WITNESS AND DENYING PETITIONER AN ADJOURNMENT TO PREPARE AN EFFECTIVE CROSS EXAMINATION? 4. WHERE PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS, AND MICHIGAN CONSTITUTION OF 1963,ART.1,§17, DENIED, WHERE THE TRIAL COURT ABUSED ITS DISCRETION IN DENYING PETITIONER'S MOTION FOR DISQUALIF ICATION/RECUSAL? 5. WHERE PETITIONER'S SIXTH AMENDMENT RIGHT GUARANTEED UNDER THE U.S. CONSTITUTION TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL DENIED, WHERE COUNSEL FAILED TO INVESTIGATE SEVERAL ASPECTS OF THE CASE, AND INSTEAD, ‘ RELIED ON GOVERNMENT'S GOOD FAITH EFFORTS, WHICH IS CONTRARY TO STRICKLAND V WASHINGTON, AND ITS PROGENY? 6. WHERE PETITIONER'S SIXTH AND FOURTEENTH AMENDMENT RIGHTS GUARANTEED UNDER THE U.S. CONSTITUTION TO EFFECTIVE ASSISTANCE OF COUNSEL DENIED, WHERE COUNSEL DENIED PETITIONER A MEANINGFUL OPPORTUNITY TO PRESENT A COMPLETE DEFENSE? 6.(A) WHERE PETITIONER'S SIXTH AMENDMENT RIGHT . GUARANTEED UNDER THE U.S. CONSTITUTION TO EFFECTIVE ASSISTANCE TO TRIAL COUNSEL DENIED, WHERE COUNSEL REFUSED TO CONDUCT A MEANINGFUL CONSULTATION WITH PETITIONER? ; 6.(B) WHERE. PETITIONER'S SIXTH AMENDMENT RIGHT GUARANTEED UNDER THE U.S. CONSTITUTION TO EFFECTIVE ASSISTANCE TO TRIAL COUNSEL DENIED, WHERE COUNSEL REFUSED TO CONDUCT A MEANINGFUL INVESTIGATION, TO WIT, WITNESSES CRIMINAL HISTORY, WHICH WAS MATERIAL TO THE CASE? I 6.(C) WHERE PETITIONER'S SIXTH AMENDMENT RIGHT GUARANTEED UNDER THE U.S. CONSTITUTION TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL DENIED, WHERE COUNSEL FAILED TO INVESTIGATE KNOWN AND POTENTIAL KEY WITNESS (JAIL HOUSE WITNESS)? 6.(D) WHERE PETITIONER'S SIXTH AMENDMENT RIGHT GUARANTEED UNDER THE U.S. CONSTITUTION TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL DENIED, WHERE COUNSEL WAS INFIRM IN CROSS EXAMINING PROSECUTION WITNESSES? 6.(E) WHERE PETITIONER'S SIXTH AMENDMENT RIGHT GUARANTEED UNDER THE U.S. CONSTITUTION TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL DENIED, WHERE COUNSEL FAILED TO GBIJECT TO JONES TESTIMONY? 6.(F) WHERE PETITIONER'S SIXTH AMENDMENT RIGHT GUARANTEED UNDER THE U.S. CONSTITUTION TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL DENIED, WHERE COUNSEL FAILED TO HIRE AN INVESTIGATOR OR EXPERT WITNESS FOR HIS DEFENSE? 6.(G) WHERE PETITIONER'S SIXTH AMENDMENT RIGHT GUARANTEED UNDER THE U.S, CONSTITUTION TO EFFECTIVE ASSISTANCE OF TRIAL COUNSEL DENIED, WHERE COUNSEL FAILED TO OBJECT TO THE PROSECUTOR'S ADMITTANCE OF EVIDENCE NOT OF RECORD? . 7. WHERE PETITIONER'S SIXTH AMENDMENT RIGHT GUARANTEED UNDER THE U.S. CONSTITUTION TO EFFECTIVE ASSISTANCE OF TRIAL DENIED, WHERE COUNSEL OF RECORD FAILED TO PRESENT A DEFENSE AND PROPERLY INVESTIGATE ANY POTENTIAL WITNESSES FOR HIS DEFENSE? 6. WHERE PETITIONER'S FIFTH, SIXTH, AND FOURTEENTH AMENDMENT RIGHTS GUARANTEED UNDER THE U.S. CONSTITUTION DENIED, WHERE HE WAS DENIED A FAIR CROSS SECTION OF GURY SELECTIGN AT TRIAL, THEREBY DENYING HIM DUE PROCESS AND EQUAL PROTECTION OF THE LAW? 9. WHERE PETITIONER'S SIXTH AND FOURTEENTH AMENOMENT RIGHTS GUARANTEED UNDER THE U.S CONSTITUTION TO EFFECTIVE ASSISTANCE OF COUNSEL ON APPEAL AS OF RIGHT, DENTED WHERE COUNSEL DENIED PETITIONER ACCESS TO THE COURT'S AND JUDICIAL REVIEW? Il

Docket Entries

2021-01-11
Petition DENIED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-03
Waiver of right of respondent Willis Chapman, Warden to respond filed.
2020-07-10
Application (19A1061) denied by Justice Sotomayor.
2020-05-01
Application (19A1061) to file in excess of page limits, submitted to Justice Sotomayor.
2020-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2020)
2020-01-13
Application (19A736) granted by Justice Sotomayor extending the time to file until May 4, 2020.
2019-12-20
Application (19A736) to extend the time to file a petition for a writ of certiorari from March 3, 2020 to May 2, 2020, submitted to Justice Sotomayor.

Attorneys

Jovon C. Davis
Jovon C. Davis — Petitioner
Jovon C. Davis — Petitioner
Willis Chapman, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent