No. 25-5740

Gregory Tucker v. Noah Nagy, Warden

Lower Court: Sixth Circuit
Docketed: 2025-09-25
Status: Pending
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: criminal-conviction dna-evidence evidence-sufficiency jackson-rule moveable-object reasonable-doubt
Key Terms:
DueProcess HabeasCorpus Privacy
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (AI Summary)

Whether any rational trier of fact could return a guilty verdict where the only evidence was a DNA hit of unknown type and quantity found on an easily moveable object left by the perpetrator of the crime, absent any evidence establishing when the DNA was deposited on the object and absent any other evidence linking the accused to the crime

Question Presented (OCR Extract)

It has long been the case that a criminal conviction must rest on sufficient proof . And sufficient proof means enough evidence to convince 12 jurors of guilt beyond a reasonable doubt. Although not readily reducible to a precise definition, at a minimum beyond a reaso nable doubt requires enough evidence to bring the jury to a place of near certitude. This case addresses an application of the Jackson rule to easily moveable objects, and the opinion below splits the circuits on the question presented, which is: Whether any rational trier of fact could return a guilty verdict where the only evidence was a DNA hit of unknown type and quantity found on an easily moveable object left by the perpetrator of the crime, absent any evidence establishing when the DNA was deposited on the object and absent any other evidence linking the accused to the crime. ii RELATED OPINIONS The following proceedings are dire ctly related to this case within the meaning of Rule 14.1(b)(iii) • Tucker v. Nagy , No. 24 -1723, U.S. Court of Appeals for the Sixth Circuit. Judgment entered June 17, 2025. • Tucker v. Rewerts, No. 21 -cv-11494, U.S. District Court for the Eastern District of Michigan. Entered August 1, 2024. • People v. Tucker, No 160429, Supreme Court of Michigan. Judgment entered March 27, 2020. • People v. Tucker, No. 343351, Court of Appeals of Michigan. Judgment entered August 29, 2019.

Docket Entries

2026-01-29
DISTRIBUTED for Conference of 2/20/2026.
2026-01-15
Brief of Noah Nagy, Warden in opposition submitted.
2026-01-15
Brief of respondent Noah Nagy, Warden in opposition filed.
2025-11-21
Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
2025-11-20
Motion of Noah Nagy, Warden for an extension of time submitted.
2025-11-20
Motion to extend the time to file a response from December 17, 2025 to January 16, 2026, submitted to The Clerk.
2025-11-17
Response Requested. (Due December 17, 2025)
2025-11-06
DISTRIBUTED for Conference of 11/21/2025.
2025-11-05
Waiver of Noah Nagy, Warden of right to respond submitted.
2025-11-05
Waiver of right of respondent Noah Nagy, Warden to respond filed.
2025-09-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 27, 2025)

Attorneys

Gregory Tucker
Matthew A MonahanFederal Community Defender Office, Petitioner
Matthew A MonahanFederal Community Defender Office, Petitioner
Noah Nagy, Warden
Ann Maurine ShermanMichigan Department of Attorney General, Respondent
Ann Maurine ShermanMichigan Department of Attorney General, Respondent