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Ali Mohamed Elatrache v. Shane Jackson, Warden

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 20-1881 · judgment December 23, 2020


Certiorari denied · June 28, 2021
Pre-decision estimate: 1% cert probability

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

Question presented

I. WHETHER REASONABLE JURISTS COULD DIFFER AS TO WHETHER PETITIONER WAS DEPRIVED OF A CONSTITUTIONAL RIGHT TO DUE PROCESS AND TO TRIAL BY JURY WHEN THE STATE COURT REFUSED TO INSTRUCT THE JURY ON LESSER INCLUDED OFFENSES TO MICHIGAN’S FIRST-DEGREE “CAPITAL” MURDER CHARGE. II. WHETHER JURISTS OF REASON COULD FIND IT DEBATABLE WHETHER THE ERRONEOUS JURY INSTRUCTION ON UNANIMITY WAS PROCEDURALLY DEFAULTED. III. THE RIGHT OF CONFRONTATION AND BRADY VIOLATIONS. IV. PROSECUTORIAL MISCONDUCT. V. ADMISSION OF OTHER BAD ACTS. VI. WHETHER PETITIONER WAS DEPRIVED OF EFFECTIVE ASSISTANCE OF COUNSEL.

Counsel of record

For petitioner
Craig A. Daly
Craig A. Daly, P.C.

For respondent
Fadwa A. Hammoud
Michigan Department of Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 28 2021
    Petition DENIED.
  2. Jun 08 2021
    Waiver of right of respondent Shane Jackson, Warden to respond filed.
  3. Jun 08 2021
    DISTRIBUTED for Conference of 6/24/2021.
  4. Apr 21 2021
    Petition for a writ of certiorari filed. (Response due May 26, 2021)