No. 20-7955

Alton D. Pelichet v. Wayne Circuit Court Judge, et al.

Lower Court: Michigan
Docketed: 2021-05-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment actual-innocence due-process equal-protection felony-murder fourteenth-amendment ineffective-assistance-of-counsel sixth-amendment
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2021-06-10
Question Presented (AI Summary)

Whether Petitioner was denied his right to a fair trial, due process and equal protection

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether Petitioner was denied his right to a fair trial, due process and equal protection of the law, guaranteed by the 6th and 14th Amendments to the United States Constitution, where the trial court judge, following a bench trial, found Petitioner guilty of first degree "felony" murder, based on the intent to commit an enumerated felony alone, in violation of the statute to the crime and sentence he stands convicted of, rendering petitioner actually innocent? Petitioner Answers: "Yes" Courts of the State of Michigan Answers: "Has not addressed" II. Whether the manifest denial of effective assistance of both, trial and appellate counsel, guaranteed by the 6th and 14th Amendments to the United States Constitution and Article 1, §§ 17 & 20 Michigan Constitution 1963, is sufficient to overcome the procedural default of Michigan Court Rule 6.508(D)(3), by satisfying the "cause and prejudice" aspect of same? Petitioner Answers: "Yes" Courts of the State of Michigan Answers: "Has not addressed" III. Whether this Honorable Court should grant Petitioner's Petition for a Writ of Certiorari, where Petitioner has been denied his right to due process and equal protection of the law, guaranteed by the 14th Amendment to the United States Constitution, due to the Wayne County Circuit Court Judge and his Judicial Attorney failing to perform a clear legal duty, and the Michigan Court of Appeals and the Michigan Supreme Court refusing to correct same? Petitioner Answers: "Yes" Courts of the State of Michigan Answers: "Has not addressed" -i

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-25
Waiver of right of respondents Wayne Circuit Court Judge, et al. to respond filed.
2021-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2021)

Attorneys

Alton D. Pelichet
Alton D. Pelichet — Petitioner
Alton D. Pelichet — Petitioner
Wayne Circuit Court Judge, et al.
Jon Phillip WojtalaOffice of the Wayne County (Michigan) Prosecutor, Respondent
Jon Phillip WojtalaOffice of the Wayne County (Michigan) Prosecutor, Respondent