No. 24-7385

Luster Pernell Burns, Jr. v. Jeff Tanner, Warden

Lower Court: Sixth Circuit
Docketed: 2025-06-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-law criminal-procedure double-jeopardy fair-trial mistrial prosecutorial-misconduct
Key Terms:
DueProcess HabeasCorpus Privacy JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Did the prosecutor engage in intentional misconduct in a previous trial which goaded the defense into moving for a mistrial, which barred retrial in this case pursuant to double jeopardy?

Question Presented (OCR Extract)

DID THE PROSECUTOR ENGAGED IN INTENTIONAL MISCONDUCT IN A PREVIOUS TRIAL WHICH GOATED THE DEFENSE INTO MOVING FOR A MISTRIAL, WHICH BARRED RETRIAL IN THIS CASE PURSUANT TO DOUBLE JEOPARDY? US CONST, AMS V, XIV; MICH. CONST, 1963, ART 1, §§ 15, 17, 20.I. II. WAS PETITIONER DENIED A FAIR TRIAL ON THE GROUND OF JUROR MISCONDUCT, WHERE A DELIBERATING JUROR WAS EXPOSED TO EXTRANEOUS INFLUENCES, WHICH PROBABILITY THAT IT COULD HAVE AFFECTED THE JURYS VERDICT, AND THE JUDGE ABUSED HER DISCRETION BY ALLOWING THE JUROR TO CONTINUE TO DELIBERATE WITH THE OTHER JURORS WITHOUT HOLDING A HEARING PURSUANT TO REMMER V UNITED STATES, 347 U.S. 227 (1954)? US CONST, AMS V, VI, XIV; CONST, 1963, ART. 1, §§ 17, 20?A SUBSTANTIAL CREATED WAS PETITIONER DENIED DUE PROCESS OF LAW WHEN HE WAS CONVICTED ON THE BASIS OF INSUFFICIENT EVIDENCE? US CONST, AMS V, XIV; CONST, 1963, ART. 1, §§ 17, 20?III. i

Docket Entries

2025-10-06
Petition DENIED.
2025-07-10
DISTRIBUTED for Conference of 9/29/2025.
2025-07-02
Waiver of right of respondent Jeff Tanner, Warden to respond filed.
2025-06-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2025)

Attorneys

Jeff Tanner, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Luster Burns
Luster Pernell Burns Jr. — Petitioner