No. 22-7326

Quandraiko Hayes v. Mike Brown, Warden

Lower Court: Sixth Circuit
Docketed: 2023-04-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights cruel-and-unusual-punishment due-process effective-assistance-of-counsel ex-post-facto sentencing
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2023-05-25
Question Presented (AI Summary)

Whether the U.S. Court of Appeals for the Sixth Circuit unreasonably denied the petitioner's due-process, effective-assistance-of-counsel, cruel-and-unusual-punishment, and ex-post-facto rights

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. THE U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT UNREASONABLY DENIED PETITIONER, DUE PROCESS OF LAW AND DUE PROCESS CLAUSE RIGHTS OF THE U.S. CONST. AMENDS V AND XIV AND MICH. CONST. (1963) ART. I § 17 BY AFFIRMING THE U.S. DISTRICT : COURTS DECISION TO NOT ISSUE A CERTIFICATE OF APPEALABILITY OF LEGALLY INSUFFICIENT EVIDENCE TO PROVE BEYOND A REASONABLE DOUBT THAT QUANDRAIRO HAYES COMMITTED THE OFFENSE OF ASSAULT WITH INTENT TO DO GREAT BODILY HARM LESS THAN MURDER. TI. THE U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT UNREASONABLY DENIED PETITIONER, DUE PROCESS CLAUSE RIGHTS AND RIGHTS TO EFFECTIVE ASSISTANCE OF COUNSEL OF THE U.S. CONST. AMENDS VI AND XIV AND MICH. CONST. 1963 ART. I § 20 BY AFFIRMING THE U.S. DIST. COURTS DECISION. TO NOT ISSUE A : CERTIFICATE OF APPEALABILITY ECAUSE QUANDRATRO HAYES RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL DURING TRIAL. ; III. THE U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT ' no UNREASONABLY DENIED PETITIONER, DUE PROCE $s . ; CLAUSE RIGHTS AND CRUEL AND UNUSUAL. PUNISHMENT RESPECTIVELY OF THE U.S. CONST. AMENDS XIV AND VIII, MICH. CONST. 1963 I § 16 BY AFFIRMING THE U.S. DISTRICT COURT DECISION TO NOT ISSUE A : CERTIFICATE OF APPEALABILITY, WHERE QUANDRATEO HAYES WAS IMPROPERLY ENHANCED IN SENTENCE UNDER MICH. COMPLIED LAWS 769.12(1) (a), BECAUSE NOT ALL PRIOR OFFENSES COULD BE USED, RESULTING IN A DISPROPORTIONATE SENTENCE. IV. PETITIONER, QUANDRAIKO HAYES HAS DECIDED TO NOT PURSUE THE ISSUE PERTAINING TO U.S. CONST. AMENDS VI AND XIV, MICH. CONST. 1963 I § 20 RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL. V. THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNREASONABLY DENIED PETITIONER, U.S. CONST. AND MICH. CONST. 1963 EX POST FACTO CLAUSE RIGHTS ART. I & X, BY AFFIRMING THE U.S. DISTRICT COURT DECISION TO NOT ISSUE A CERTIFICATE OF APPEALABILITY, BY ADMITTING QUANDRAIKO HAYES PRIOR CONVICTIONS OF AMENDED LAWS UNDER MICH. COMPLIED LAWS 769.12(1) (a) TO. IMPOSE A MANDATORY 25 YEAR SENTENCE. : .

Docket Entries

2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-05-03
Waiver of right of respondent Mike Brown, Warden to respond filed.
2023-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2023)

Attorneys

Mike Brown, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Quandraiko Hayes
Quandraiko Hayes — Petitioner