No. 20-6866

Kevin Sutherby v. Sherman Campbell, Warden

Lower Court: Sixth Circuit
Docketed: 2021-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-misconduct warrantless-arrest
Key Terms:
DueProcess FourthAmendment Securities Privacy
Latest Conference: 2021-03-19
Question Presented (AI Summary)

Whether Mr. Sutherby is entitled to a new trial based on newly-discovered-evidence, ineffective-assistance-of-counsel, and illegal-evidence

Question Presented (OCR Extract)

Questions Presented 1. Whether, Mr. Sutherby is entitled to a new trial, based on Newly Discovered Evidence, Ineffective Assistance of Counsel at trial, and appeals, and the admission and use of Illegal Evidence, 2. Whether, Mr. Sutherby is entitled to a reversal of conviction, based on the prosecution at district court, and circuit court never "proving", the petitioner to be the perpetrator, by the voice on the illegal recording, and also never proving the 3rd element of penetration, by “disallowing the Medical Exam". Carady Violation) 3. Whether, Mr. Sutherby is entitled to a raversal, based upon the Constitutional Rights Violation at Preliminary Examination, and at Trial: 4th Amendment, and 6th Amendment violations, Also violations of MCL 750.539 sec. ¢.£., MRE 901 sec. 5ib, Contrary to Michigan Statutes. 4. Whether, Mr. Sutherby is entitled to proceed with the Habeas Corpus Appeal, due to his ineffective retained, appellate counsel who failed to file an application for leave to appeal in the Michigan Supreme Court, and retained Habeas Corpus attorney, who failed to respond to stipulated orders of District Court Judge: Honorable Stephen J. Murphy. 5. Whether, Mr. Sutherby is entitled to a reversal of conviction based on "Warrantless Arrest" by Southgate Michigan/Taylor Michigan police department. 6. Whether, Mx. Sutherby was deprived of a fair trial, and is entitled to new trial, due to prosecutorial misconduct, when prosecutor bolstered testimony of witness, offered expert testimony, without cbjection from trial counsel, or objection from triai court.

Docket Entries

2021-03-22
Petition DENIED.
2021-03-19
Waiver of right of respondent Sherman Campbell, Warden to respond filed.
2021-02-25
DISTRIBUTED for Conference of 3/19/2021.
2020-12-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2021)

Attorneys

Kevin Sutherby
Kevin C. Sutherby — Petitioner
Sherman Campbell, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent