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Hayes Bacall v. Shane Jackson, Acting Warden

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-2668 · judgment November 29, 2017

Certiorari denied · April 2, 2018
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a prosecutor’s knowingly false assertion of fact that strikes at the heart of the defense in a closely-contested case, and to which the defense had no opportunity to respond, denies due process, and so justifies habeas corpus relief under Darden v. Wainwright, 477 U.S. 168 (1986).

Counsel of record

For petitioner
N. C. Deday LaRene
LaRene & Kriger, P.L.C.

For respondent
Aaron David Lindstrom
Michigan Department of Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, April 2, 2018 · Certiorari denied

Proceedings

  1. Apr 02 2018
    Petition DENIED.
  2. Mar 13 2018
    DISTRIBUTED for Conference of 3/29/2018.
  3. Mar 09 2018
    Waiver of right of respondent Shane Jackson, Warden to respond filed.
  4. Feb 16 2018
    Petition for a writ of certiorari filed. (Response due March 26, 2018)