Phillip v. Jackson, No. 2:2018cv10779 - Document 14 (E.D. Mich. 2020)

Court Description: MEMORANDUM OPINION and ORDER Denying the Petition for Writ of Habeas Corpus 1 , declining to issue a certificate of appealability, and granting leave to appeal in forma pauperis . Signed by District Judge Arthur J. Tarnow. (McColley, N)
Download PDF OPINION AND ORDER DENYING THE HABEAS CORPUS PETITION, DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY, AND GRANTING LEAVE TO APPEAL IN FORMA PAUPERIS pro se Phillip v. Jackson Doc. 14 I. Background People v. Phillip See 1 per curiam see Phillip See People v. Phillip See Phillips (sic) v. Harry See see See See II. Standard of Review Williams v. Taylor Id. Id. Harrington v. Richter Yarborough v. Alvarado Saulsberry v. Lee Richter III. Discussion A. The Pretrial Line-Up cert. denied See 1. Clearly Established Federal Law Perry v. New Hampshire Neil v. Biggers, Stovall v. Denno Id., Simmons v. United States, Id., Sexton v. Beaudreaux Perry, Ibid. Biggers, supra, Perry, supra, Manson [v. Brathwaite, Id Id Howard v. Bouchard 2. Application a. Suggestiveness See See See id See See Id. see See See See Cf. See See b. Reliability of the Identification See id See See Id See Id Cornwell v. Bradshaw Summitt v. Bordenkircher Manson v. Marshall v. Lonberger, Neal v. Morris, B. The Arrest and Detention See Stone v. Powell Id Powell Good v. Berghuis See Good Rashad v. Lafler Gerstein v. Pugh C. The Sufficiency of the Evidence See see also 1. Clearly Established Federal Law it any Jackson v. Virginia McKenzie v. Smith, Walker v. Russell, Apanovitch v. Houk Thomas v. Stephenson Jackson Coleman v. Johnson Tackett v. Trierweiler 2. Application Jackson Id Jackson Byrd v. Tessmer People v. Turrell United States v. Osborne nited States v. Washington Jackson “ Jackson Matthews v. Abramajtys Id See 2 See also Brown v. Davis Phillip D. Trial Counsel See Castille v. Peoples de novo See Stermer v. Warren de novo 1. Clearly Established Federal Law Strickland v. Washington Id Id Id. Id Strickland Richter Strickland Id 2. Application a. Impeachment of Witnesses See See Id see See See id Strickland’s b. Waiver of a Jury Trial Philip i. Legal Framework Hester v. United States Ramos v. Louisiana Duncan v. Louisiana Jones v. Barnes Otte v. Houk Haliym v. Mitchell, Duncan v. Louisiana, Brady v. United States, Id. Jells v. Mitchell ii. Application See IV. Conclusion Miller-El v. Cockrell in forma pauperis