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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

Conference history
Distributed for 1 conference

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)