No. 18-5360

Curtis L. Clinton v. Ohio

Lower Court: Ohio
Docketed: 2018-07-26
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-justice-system criminal-procedure eighth-amendment equal-protection fair-trial fourteenth-amendment racial-stereotype racial-stereotypes racial-stereotyping sixth-amendment
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Whether a defendant's rights to the effective assistance of counsel, a fair and impartial jury, to be free from cruel and unusual punishment, and to the guarantee of equal protection under the laws, protected by the Sixth, Eighth, and Fourteenth Amendments of the Constitution, protect against the introduction of evidence and argument that calls forth and projects to the jury the poisonous racial stereotype of an African American defendant as a "black brute" who preys on vulnerable white women.

2. Whether lower courts need standards for detecting and remedying the more subtle but just as noxious forms of racism that plague the criminal justice system and violate a defendants' Sixth, Eighth, and Fourteenth Amendment rights.

Question Presented (AI Summary)

Whether a defendant's rights to the effective assistance of counsel, a fair and impartial jury, to be free from cruel and unusual punishment, and to the guarantee of equal protection under the laws, protected by the Sixth, Eighth, and Fourteenth Amendments of the Constitution, protect against the introduction of evidence and argument that calls forth and projects to the jury the poisonous racial stereotype of an African American defendant as a 'black brute' who preys on vulnerable white women

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-03
Reply of petitioner Curtis Clinton filed.
2018-08-01
Brief of respondent State of Ohio in opposition filed.
2018-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)

Attorneys

Curtis Clinton
Kimberly Sue RigbyOffice of the Ohio Public Defender, Petitioner
State of Ohio
Stephen Edward MaherOhio Attorney General's Office - Capital Crimes, Respondent