No. 24-5139

Lamar McKay v. Jeff Tanner, Warden

Lower Court: Sixth Circuit
Docketed: 2024-07-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights directed-verdict due-process first-degree-murder insufficient-evidence jury-verdict murder premeditation reasonable-doubt
Key Terms:
DueProcess
Latest Conference: 2024-09-30
Question Presented (AI Summary)

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?

Question Presented (from Petition)

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

Docket Entries

2024-10-07
Petition DENIED.
2024-08-15
DISTRIBUTED for Conference of 9/30/2024.
2024-08-07
Waiver of right of respondent Jeff Tanner, Warden to respond filed.
2024-06-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 26, 2024)

Attorneys

Jeff Tanner, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Lamar McKay
Lamar McKay — Petitioner
Lamar McKay — Petitioner