The Court denied Petitioner's motion to reconsider denial of emergency bond, despite his age (68), a month long respiratory infection, and the presence of COVID-19 in the facility. Petitioner had been found guilty of two counts of first-degree murder. The Court's standard for the motion to reconsider requires a "palpable defect," and the Court was not convinced that there had been a palpable defect in the original denial of Petitioner's emergency bond, as Petitioner had previously agreed to a postponement of his habeas petition so that the Michigan Attorney General's Conviction Integrity Unit could investigate his case for a wrongful conviction . Id. at 2.
Titus v. Nagy, No. 2:18-cv-11315-PDB-MKM, Dkt. No. 22 (E.D. Mich. May 26, 2020).
DETAILS
Decision
Date
5/26/2020
Practice Area
Criminal (State Charges)
Relief Requested
Class Certification, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
Michigan
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%), Was sentenced as a Career Offender under the U.S. Sentencing Guidelines, Went to trial
Age, Asthma, Cancer, Cardiac Disease, High Cholesterol, Hypertension (high blood pressure), Kidney Disease, Other, Substance Use Disorder, Month long respiratory infection
Pre-Existing Health Conditions Notes
Age (68)
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.