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Luster Pernell Burns, Jr. v. Jeff Tanner, Warden

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 25-1119 · judgment March 21, 2025


Certiorari denied · October 6, 2025

Question presented

I. DID THE PROSECUTOR ENGAGED IN INTENTIONAL MISCONDUCT IN A PREVIOUS TRIAL WHICH GOATED THE DEFENSE INTO MOVING FOR A MISTRIAL, WHICH BARRED RETRIAL IN THIS CASE PURSUANT TO DOUBLE JEOPARDY? US CONST, AMS V, XIV; MICH. CONST, 1963, ART 1, §§ 15, 17, 20. II. WAS PETITIONER DENIED A FAIR TRIAL ON THE GROUND OF JUROR MISCONDUCT, WHERE A DELIBERATING JUROR WAS EXPOSED TO EXTRANEOUS INFLUENCES, WHICH CREATED A SUBSTANTIAL PROBABILITY THAT IT COULD HAVE AFFECTED THE JURYS VERDICT, AND THE JUDGE ABUSED HER DISCRETION BY ALLOWING THE JUROR TO CONTINUE TO DELIBERATE WITH THE OTHER JURORS WITHOUT HOLDING A HEARING PURSUANT TO REMMER V UNITED STATES, 347 U.S. 227 (1954)? US CONST, AMS V, VI, XIV; CONST, 1963, ART. 1, §§ 17, 20? III. WAS PETITIONER DENIED DUE PROCESS OF LAW WHEN HE WAS CONVICTED ON THE BASIS OF INSUFFICIENT EVIDENCE? US CONST, AMS V, XIV; CONST, 1963, ART. 1, §§ 17, 20?

Counsel of record

For petitioner
Luster Pernell Burns Jr.

For respondent
Ann Maurine Sherman
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, October 6, 2025 · Certiorari denied

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 10 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 02 2025
    Waiver of right of respondent Jeff Tanner, Warden to respond filed.
  4. Jun 02 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 9, 2025)