No. 23-7673

Aubrey Jiles Stanley, Jr. v. Bryan Morrison, Warden

Lower Court: Sixth Circuit
Docketed: 2024-06-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct self-defense severance sixth-amendment witness-testimony
Key Terms:
DueProcess Privacy
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Was trial counsel ineffective?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) | WAS TRIAL COUNSEL INEFFECTIVE FOR FAILURE TO MOVE FOR ; AMISTRIAL, OR FILE A SEVERANCE MOTION IN THE CIRCUIT COURT, WHICH PREJUDICE HIS DEFENSE? FOR FAILING TO PRESENT A COMPLETE AND ADEQUATE DEFENSE? AND FOR FAILING TO INVESTIGATE OR SUBPOENA A KEY DEFENSE WITNESS DESPITE HIM BEING ON THE WITNESS LIST? a.) Petitioner’s co-defendant who is also his brother wanted to use , a different defense than him and their defenses would have been completely inconsistent. And the juries would have had to decide which defendants to believe. b.) The Key witness would have corroborating testimony of self-defense ; theory. The Ginther Hearing that was held in the trial court was misleading and an abuse of discretion of opinion. See; (Affidavit). c.) Petitioner contends that, “but for trial counsel’s unreasonable ; unforeseeable failures” in the advocating process which severely . prejudice him and violated the VI, XIV, Amendment Rights of the United States Constitution. He would have had a likely chance of acquittal. . 2) DID THE PROSECUTOR COMMIT MISCONDUCT DURING CLOSING ARGUMENTS BY APPEALING TO THE JURYS SYMPATHIES FOR THE VICTIMS? a.) It has long been settled that a prosecutor may not appeal to the jury or sympathize with the victim’s. The prosecutor’s actions prejudiced the petitioner and his counsel. The trial must be rendered fundamentally unfair. i ;

Docket Entries

2024-10-07
Petition DENIED.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-18
Waiver of right of respondent Bryan Morrison, Warden to respond filed.
2024-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2024)

Attorneys

Aubrey Jiles Stanley
Aubrey Stanley — Petitioner
Aubrey Stanley — Petitioner
Bryan Morrison, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent