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Lloyd Gene Beam v. Michigan

Paid petition · Court of Appeals of Michigan, No. 339818 · judgment January 25, 2018


Certiorari denied · March 18, 2019
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. Was the new standard from People v. Stevens, 498 Mich. 162, 869 N.W.2d 233 (2015), for determining whether a trial judge exhibited improper partiality, a decision by the Michigan Supreme Court interpreting the federal Constitution?

  2. When a state court of last resort interprets the federal Constitution and, later, in a collateral review of a state conviction, has cause to determine whether that interpretation is a “new rule” deserving retroactive application under Teague v. Lane, 489 U.S. 288 (1989), must that state court follow the guidelines set by the United States Supreme Court in Teague and its progeny for applying the new rule retroactively?

  3. Should this Court extend the holding in Montgomery v. Louisiana, 136 S.Ct. 718 (2016) and require, as a matter of constitutional law, state collateral review courts to give retroactive effect to new watershed rules of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding?

Counsel of record

For petitioner
John F. Royal

For respondent
Jason W. Williams
Wayne County Prosecutor's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 27 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 14 2019
    Waiver of right of respondent Michigan to respond filed.
  4. Jan 28 2018
    Petition for a writ of certiorari filed. (Response due March 6, 2019)