No. 24-5073

Billy Hammonds v. Fredeane Artis, Warden

Lower Court: Sixth Circuit
Docketed: 2024-07-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof fair-trial-rights ineffective-assistance judicial-bias mistrial prosecutorial-misconduct trial-court-bias witness-testimony
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Ineffective-assistance-of-counsel

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I. WAS MR. HAMMONDS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE FEDERAL AND STATE CONSTITUTIONS (U.S CONST. 1963, ART 1 § 20) WHERE TRIAL COUNSEL FAILED TO CALL A WITNESS WHO WOULD HAVE TESTIFIED THAT WHENEVER DEFENDANT SLEPT AT HER HOUSE THAT THEY WENT TO BED TOGETHER AT THE SAME TIME AND SLEPT TOGETHER ALL NIGHT. FURTHER SHE WOULD HAVE TESTIFIED THAT THE COMPLAINING WITNESS WOULD FLIP FLOP TO HER ON THE ISSUE AS TO WHETHER SHE HAD SEX WITH DEFENDANT OR NOT? II. DID THE TRIAL COURT ABUSE ITS DISCRETION WHEN IT DENIED DEFENDANT MOTION FOR A NEW TRIAL BASED ON THE PROSECUTION’S MISCONDUCT OF SHIFTING THE BURDEN OF PROOF TO DEFENDANT DURING CLOSING ARGUMENT? III. DID THE TRIAL COURT ABUSE ITS DISCRETION WHEN IT DENIED TRIAL COUNSEL’S MOTION FOR A MISTRIAL WHERE THE PROSECUTION REPEATEDLY VIOLATED THE TRIAL COURT'S ORDER THAT THE COMPLAINING WOULD NOT BE REFERRED TO AS A “VICTIM” AND DEFENDANT’S ABILITY TO GET A FAIR TRIAL COULD NOT BE CURED BY A LIMITING INSTRUCTION? IV. DID THE TRIAL COURT’S INTERJECTION THAT THE COMPLAINING WITNESS STATEMENTS WERE NOT INCONSISTENT STATEMENTS BUT RATHER “MISUNDERSTANDINGS” DEMONSTRATED THE TRIAL COURT’S PARTIALITY TOWARD THE PROSECUTION AND IMPROPERLY INFLUENCED THE JURY BY CREATING THAT APPEARANCE OF ADVOCACY AND PARTIALITY AGAINST MR. HAMMONDS?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-07-25
Waiver of Fredeane Artis, Warden of right to respond submitted.
2024-07-25
Waiver of right of respondent Fredeane Artis, Warden to respond filed.
2024-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2024)

Attorneys

Billy Hammonds
Billy Hammonds — Petitioner
Billy Hammonds — Petitioner
Fredeane Artis, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent