No. 22-7788

Deandre J. Baskerville v. Tim McConahay, Warden

Lower Court: Sixth Circuit
Docketed: 2023-06-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment constitutional-rights due-process equal-protection fair-trial jury-instructions prosecutorial-misconduct self-defense
Key Terms:
DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Was Petitioner's due process and equal protection rights violated by the trial court's self-defense jury instruction?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question #1: Was Petitioner’s due process and equal protection of faw rights to a fair trial under the 14° Amendment of the U.S. Constitution violated when the trial court instructed the jury with a confusing, misleading and vague self-defense instruction. : Question #2: Was Petitioner’s due process and equal protection right’s to a fair trial under the 14 Amendment of the U.S. Constitution were violated when the trial court did not instruct the jury on the lesser included offenses of Involuntary Manslaughter and Voluntary Manslaughter. Question #3: Was Petitioner’s due process and equal protection in violation of the 5‘ and 14% Amendments to the U.S. Constitution because his Murder and Felonious Assault convictions were against the manifest weight of evidence and would require his conviction on those. counts to be vacated. , , Question #4: Did the prosecutors conduct throughout trial rose to the level of prosecutorial misconduct and deprived Mr. Baskerville of his rights to due process of law and a fair trial in violation of his 5th, 6t and 14% Amendment's rights under the U.S. Constitution. Question #5: Was Petitioner denied his right to effective assistance of counsel as guaranteed by the 6' and 14% Amendments to the U.S. Constitution by counsel’s failure to object, request jury instructions or move for mistrial. oe Question #6: Was Petitioner's due process clause of the 14% Amendment to the U.S. Constitution was violated when the State found him guilty upon insufficient evidence.

Docket Entries

2023-10-02
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 9/26/2023.
2023-06-28
Waiver of right of respondent McConahay, Warden to respond filed.
2023-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 14, 2023)

Attorneys

Deandre Baskerville
Deandre J. Baskerville — Petitioner
Deandre J. Baskerville — Petitioner
McConahay, Warden
Michael Jason HendershotOhio Attorney General's Office, Respondent
Michael Jason HendershotOhio Attorney General's Office, Respondent