No. 21-107

Edward Thomas Kendrick, III v. Mike Parris, Warden

Lower Court: Sixth Circuit
Docketed: 2021-07-27
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: actual-innocence constitutional-review constitutional-rights habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-default strickland-standard strickland-v-washington
Key Terms:
HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2021-11-12 (distributed 2 times)
Question Presented (AI Summary)

Was counsel's performance deficient, and did the courts below apply the right standard?

Question Presented (from Petition)

QUESTIONS PRESENTED State courts must appropriately apply the standards for counsel’s performance outlined in Strickland v. Washington, 466 U.S. 668 (1984), to survive federal habeas review; federal courts must apply this Court’s precedent when a habeas petitioner asserts innocence, see McQuiggin v. Perkins, 569 U.S. 383 (2013). Here, right after a longtime police officer picked up a gun and shot himself in the foot, he repeatedly said he did not touch the trigger. The State of Tennessee charged Edward Kendrick with shooting his wife with the same gun earlier that night, though Kendrick also said he did not touch the trigger. At trial, the state’s firearm expert said that was “impossible,” and Kendrick’s lawyer offered no rebuttal expert; the officer could not remember where his hands were, and Kendrick’s lawyer failed to admit the officer’s prior statements. In state post-conviction, an expert showed the trigger mechanism had a history of accidental discharges, and counsel admitted his uninformed choices. One court vacated the conviction, but, relying on 28 U.S.C. § 2254, the Sixth Circuit affirmed another court’s conclusion that Kendrick received constitutionally sufficient representation. The habeas court also rejected this proof of innocence to overcome procedural default. Was counsel’s performance deficient, and did the courts below apply the right standard? Where the habeas court required “clear and convincing” proof of innocence rather than the applicable “more likely than not” showing, is Kendrick owed relief?

Docket Entries

2021-11-15
Petition DENIED.
2021-10-27
DISTRIBUTED for Conference of 11/12/2021.
2021-10-21
Reply of petitioner Edward Kendrick filed.
2021-10-08
Brief of respondent Mike Parris in opposition filed.
2021-09-08
Response Requested. (Due October 8, 2021)
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-23
Waiver of right of respondent Mike Parris to respond filed.
2021-07-23
Petition for a writ of certiorari filed. (Response due August 26, 2021)

Attorneys

Edward Kendrick
Stephen Ross JohnsonRitchie, Davies, Johnson & Stovall, P.C., Petitioner
Stephen Ross JohnsonRitchie, Davies, Johnson & Stovall, P.C., Petitioner
Mike Parris
John Henry Bledsoe IIIOffice of Tennessee Attorney General, Respondent
John Henry Bledsoe IIIOffice of Tennessee Attorney General, Respondent