No. 22-966

Cavanta McLilly v. Adam Douglas, Warden

Lower Court: Sixth Circuit
Docketed: 2023-04-05
Status: Denied
Type: Paid
Response Waived
Tags: alleyne-violation criminal-procedure due-process evidence harmless-error jury-instructions jury-verdict police-testimony sentencing-review standard-of-review surveillance-video
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Whether police testimony identifying Mr. McLilly as the perpetrator seen on a surveillance video from the crime scene had a substantial and injurious effect or influence in determining the jury's verdict

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Whether police testimony identifying Mr. McLilly as the perpetrator seen on a surveillance video from the crime scene had a substantial and injurious effect or influence in determining the jury’s verdict. II. Whether a trial court’s one-sentence statement that there is no need for resentencing because the court would not impose a materially different sentence fails to cure an Alleyne violation.

Docket Entries

2023-05-15
Petition DENIED.
2023-04-19
DISTRIBUTED for Conference of 5/11/2023.
2023-04-12
Waiver of right of respondent Adam Douglas to respond filed.
2023-04-03

Attorneys

Adam Douglas, Waiver
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Cavanta McLilly
Christopher J. McGrath — Petitioner
Christopher J. McGrath — Petitioner