No. 24-5843

Jerome R. Sueing v. Noah Nagy, Warden

Lower Court: Sixth Circuit
Docketed: 2024-10-29
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: constitutional-rights due-process ineffective-assistance prosecutorial-misconduct sixth-amendment trial-procedure
Key Terms:
DueProcess
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether the trial court violated Petitioner's due process rights by joining unrelated cases and improperly admitting prejudicial testimony

Question Presented (OCR Extract)

QUESTION(S) PRESENTED i . : L The trial court violated [Petitioner’s] right to due process—denied him his . . right to a fair trial by joining the unrelated: cases, of aggravated indecent = exposure which each carriéd’ #sécond. count of indecent exposure by a . ‘sexually delinquent person: and thé joi [dJer resulted in unfair prejudice, ‘TO. ‘The trial court abused it[}s discretion and denied [Petitioner] his due process right to a fair trial by admitting evidence of past acts that should not have * been admissible pursuant to MCR 4046). . : ° UL [Petitioner] did not reo[ci]ve'.the: adequate assistance of counsel in fulfillment of his TV. [Petitioner] claims that, diring ~ opening statements, the prosecutor improperly referenced the ‘testiiniony of a professor and a police. officer regarding the 2003 incident. at Keridall College. Specifically, [Petitioner] : : "asserts that the prosécutér’s. comments violated his Sixth Amendment right ~ : to confrontation because neither the professor nor the police officer testified . ; at trial. [Petitioner] ‘also claims that defense counsel was ineffective for failing to move for a mistrial based on the prosecutor’s opening statement. These comments were préjudicial to [Petitioner] and impaired his ability to ' have a fair trial. [Petitioner] ‘further claims that defense counsel was ineffective for failing to request a “cautionary instruction” or a “missing Witness instruction.” 7. an

Docket Entries

2025-01-13
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-12-04
Waiver of right of respondent Noah Nagy, Warden to respond filed.
2024-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2024)

Attorneys

Jerome Sueing
Jerome R. Sueing — Petitioner
Noah Nagy, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent