No. 18-5148

Marcus Blalock v. Ohio

Lower Court: Ohio
Docketed: 2018-07-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence appellate-review confrontation-clause due-process law-of-case law-of-the-case new-evidence new-trial newly-discovered-evidence prosecutorial-misconduct right-to-due-process
Key Terms:
DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether petitioner was denied his right to due process when the trial court failed to follow the law of the case doctrine from a previous appeal, denied his motion for new trial based on newly discovered evidence, and denied him a new trial despite proving his actual innocence

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN THE TRIAL COURT FAILED TO FOLLOW THE LAW OF THE CASE DOCTRINE FROM A PREVIOUS APPEAL IN THE SAME CASE. 2. WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN THE COURT RULED THAT THE INFORMATION CONTAINED IN HIS MOTION FOR NEW TRIAL DID NOT CONSTITUTE NEW EVIDENCE. THIS SAME EVIDENCE WAS ALREADY CONSIDERED NEWLY DISCOVERED IN A PRIOR COURT OF APPEALS DECISION IN THEIR REVERSE AND REMAND IN THE SAME CASE. 3. WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN HE WAS NOT AWARDED A NEW TRIAL BASED ON THE FACT, THAT HE HAD PROVEN THAT HE WAS ACTUALLY AN INNOCENT PERSON. 4. WHETHER THE MISCONDUCT BY THE PROSECUTING ATTORNEY REQUIRES THAT PETITIONER SHOULD BE AWARDED A NEW TRIAL. i. PARTIES The Petitioner is Marcus Blalock, pro se litigant, and is seeking relief from the judgment entered in the courts by the parties below named as the Respondent(s). The Respondent(s) are The State of Ohio, et al, Michael O’ Malley, Attorney for the Plaintiff, and the Court of Appeals Eighth Appellate District, Cuyahoga County, State v. Blalock 2017-Ohio-2658 i.

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-07
Waiver of right of respondent Ohio to respond filed.
2018-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)
2018-05-02
Application (17A497) granted by Justice Kagan extending the time to file until June 30, 2018.
2018-04-24
Application (17A497) to extend the time to file a petition for a writ of certiorari from May 1, 2018 to June 30, 2018, submitted to Justice Kagan.

Attorneys

Marcus Blalock
Marcus Blalock — Petitioner
Marcus Blalock — Petitioner
Ohio
Daniel Tuyen VanCuyahoga County Prosecutor's Office, Respondent
Daniel Tuyen VanCuyahoga County Prosecutor's Office, Respondent