No. 25-5020

Dan L. Bozeman v. James R. Schiebner, Warden

Lower Court: Sixth Circuit
Docketed: 2025-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process fourth-amendment ineffective-assistance probable-cause stone-v-powell warrantless-arrest
Key Terms:
FourthAmendment DueProcess Securities
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether a defendant is considered to have received a full and fair consideration of a 4th Amendment claim under Stone v. Powell when trial and appellate counsel failed to raise the issue, and subsequent pro se motions were denied review

Question Presented (from Petition)

To The Court Issue I: Is A Defendant Considered To Be Given A Full And Fair Consideration Of A 4th Amendment Claim At Both "Trial" And "Direct Appeal" As Required By Stone V. Powell, 428 U.S. 465 (1976) If Trail And Appellate Counsel Failed To Raise The Issue, Forcing A Defendant To Raise The Issue For The First Time Pro Se In A Post Appeal Relief From Judgment Motion That Was Ruled On The Merits Only Once By Trial Court And Then Denied Leave Or Denied A Review Of The Merits In Every Following State And Federal Court? Was There Probable Cause To Arrest The Defendant Without A Warrant; And Was The Identification Evidence And Testimony Given By The Victim Thomas Jackson At Trial Fruits Of A Poisonous Tree? Issue II: Was The Defendant Denied Effective Assistance Of Counsel When: Defense Counsel Failed To Move For Suppression Of Pretrial Photographic Identification From Complainant Thomas Jackson On Grounds Of The Identification Being Direct "Fruit" Of An Illegal Arrest In Violation Of Defendant's State And Federal Constitutional Protections? Appellate Counsel Failed To Bring The Above Issues Forth On Direct Appeal; As They Are Stronger Than The Claims Raised? Issue III: Was Petitioner Denied His State And Federal Constitutional Rights To Fair Trial By The Trial Judge, Who Permitted Witness Against Co-defendant Lepper Only To Testify In The Presence Of Petitioners Separate Jury?

Docket Entries

2025-10-06
Petition DENIED.
2025-07-17
DISTRIBUTED for Conference of 9/29/2025.
2025-07-09
Waiver of James R. Schiebner, Warden of right to respond submitted.
2025-07-09
Waiver of right of respondent James R. Schiebner, Warden to respond filed.
2025-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2025)

Attorneys

Dan Bozeman
Dan Larkin Bozeman — Petitioner
Dan Larkin Bozeman — Petitioner
James R. Schiebner, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent