No. 20-7960

Michael Anthony Carroll v. Michigan

Lower Court: Michigan
Docketed: 2021-05-07
Status: Denied
Type: IFP
IFP
Tags: due-process fundamental-defect-exception ineffective-assistance interstate-agreement interstate-agreement-on-detainers jurisdiction jurisdictional-limits jury-impartiality sixth-amendment tad-claims time-limits waiver
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether the statutory time limits imposed by the Interstate Agreement on Detainers are strictly jurisdictional and cannot be waived or proceeded upon after a time limit violation, and whether the fundamental defect exception should be applied

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. THE STATUTORY TIME LIMITS IMPOSED BY THE INTERSTATE AGREEMENT ON DETAINERS ARE STRICTLY JURISDICTIONAL AS APPLIED TO THE CONSTRUCTION OF A COMPACT, AND CANNOT BE WAIVED OR PROCEEDED UPON AFTER A TIME LIMIT VIOLATION(S); FURTHER, THE FUNDAMENTAL DEFECT EXCEPTION SHOULD BE APPLIED IN CARROLL'S | TAD CLAIMS. 4 cncnccctecs cs cenecccsnascscccee! II. CARROLL'S CLAIM REGARDING AN UNSWORN JURY IS A QUESTION OF LAW OF WHETHER | DUE PROCESS REQUIRES THAT A JURY BE SWORN UNDER THE SIXTH AMENDMENT'S GUARANTEE TO AN IMPARTIAL JURY. ocnnncseeae 30 TII. CARROLL'S DEFECTIVE JURY VERDICT FORM SHOULD BE REVIEWED UNDER THE BRECHT STANDARD FOR SUBSTANTIAL AND INJURIOUS EFFECT AND UNDER THE INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL CLAIM. ce33 PETITIONER WOULD ANSWER THESE QUESTION "YES" RESPONDENT WOULD ANSWER THESE QUESTION "NO"

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2021)

Attorneys

Michael Anthony Carroll
Michael Anthony Carroll — Petitioner
Michael Anthony Carroll — Petitioner