Lamar McKay v. Jeff Tanner, Warden
DueProcess
Does due process require reversal where the trial court denied petitioner's motion for a directed verdict on first-degree murder due to insufficient evidence of premeditation?
QUESTIONS PRESENTED I. WHERE THE TRIAL COURT DENIED PETITIONER, LAMAR LORENZO MCKAYS MOTION FOR A DIRECTED VERDICT ON — FIRST DEGREE MURDER WHERE THE EVIDENCE PRESENTED WAS LEGALLY INSUFFICIENT TO ESTABISH PREMEDITATION BEYOND REASONABLE DOUBT, RENDERING THE JURYS VERDICT UNRELIABLE. DOES DUE PROCESS REQUIRE REVERSAL? US CONST, AMS V, VI, XIV; MICH. CONST, 1963, ART 1, §§ 17, 20. Il. WAS PETITIONER DENIED HIS CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL WHERE TRIAL COUNSEL FAILED TO REQUEST A REFERRAL FOR A MENTAL STATUS EXAMINATION, AND FAILING TO HAVE ALL OF THE ITEMS RECOVERED FROM THE SCENE BY AUTHORITIES AND ENTERED INTO EVIDENCE TESTED FOR DNA? THIS COURT SHOULD REMAND THIS MATTER FOR AN EVIDENTIARY . HEARING. US CONST, AMS VI, XIV; CONST, 1963, ART. 1, §20? 1