No. 21-7522

Jerry Wayne Phillips v. Martin Frink, Warden

Lower Court: Sixth Circuit
Docketed: 2022-04-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process ex-post-facto grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-selection sexual-battery standard-of-review
Key Terms:
DueProcess Takings HabeasCorpus
Latest Conference: 2022-05-12
Question Presented (AI Summary)

Can convictions of aggravated-sexual-battery be sustained when the state-failed-to-prove-elements

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. CAN CONVICTIONS OF AGGRAVATED SEXUAL BATTERY BE SUSTAINED WHEN THE STATE OF TENNESSEE FAILED TO PROVE THE ESSENTIAL ELEMENTS OF THE CRIME AS DESCRIBED BY THE CHARING INSTRUMENT (GRAND JURY INDICTMENT) 2. CAN CONVICTIONS OF AGGRAVATED SEXUAL BATTERY BE SUSTAINED WHEN THE STATE OF TENNESSEE USED EVIDENCE THAT IS AT “VARIANCE” WITH THE THE CHARING INSTRUMENT (GRAND JURY INDICTMENT) 3. CAN ACLAIM OF INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL BE RECOGNIZED FOR TRIAL COUNSELS FAILURE TO OBJECT TO THE TRIAL COURTS USE OF A JURY SELECTION PROCESS THAT DOES NOT COMPLY WITH THE MANDATORY REQUIREMENTS SPECIFIED BY THE LEGISLATIVE BODY OF THE STATE OF TENNESSEE UNDER THE CONTROLLING PROVISIONS OF TENN. R. CRIM. P. RULE 24 4. IS APPELLATE COUNSEL INEFFECTIVE FOR FAILING TO ALLOW PETITIONER TO HAVE INPUT ON ISSUES PRESENTED FOR DIRECT APPEAL REVIEW 5. IS THE TENNESSEE CRIMINAL COURT OF APPEALS IN ERROR BY USING A STANDARD OF APPELLATE REVIEW THAT WAS NOT IN AFFECT AT THE TIME THE ALLEGED CRIMES PETITIONER WAS CONVICTED ALLEGEDLY OCCURRED IN VIOLATION OF CONSTITUTIONAL FIFTH AMENDMENT RIGHTS AND EX POST FACTO PROTECTIONS ii

Docket Entries

2022-05-16
Petition DENIED.
2022-04-21
DISTRIBUTED for Conference of 5/12/2022.
2022-04-07
Waiver of right of respondent Martin Frink to respond filed.
2021-12-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2022)

Attorneys

Jerry W. Phillips
Jerry W. Phillips — Petitioner
Jerry W. Phillips — Petitioner
Martin Frink
Thomas Austin WatkinsOffice of Tennessee Attorney General, Respondent
Thomas Austin WatkinsOffice of Tennessee Attorney General, Respondent