DueProcess Punishment HabeasCorpus
Whether a trial court's failure to comply with statutory requirements when imposing a sentence renders the attempted sentence void
QUESTIONS PRESENTED _ 1. WHETHER A TRIAL COURT'S FAILURE TO COMPLY WITH STATUTORY REQUIREMENTS WHEN IMPOSING A SENTENCE RENDERS THE ATTEMPTED SENTENCE VOID.2 2. WHETHER THE TRIAL COURT'S USE OF NUNC PRO TUNC ORDERS IS LIMITED TO MEMORIALIZING WHAT THE COURT ACTUALLY DID AT AN EARLIER POINT IN TIME? 3. WHETHER, WHEN A SENTENCE PRONOUNCED IN OPEN COURT IS MODIFIED AND THE JUDGMENT ENTRY REFLECTS THE MODIFICATION, MUST THE MODIFICATION HAVE BEEN MADE IN OPEN COURT IN THE DEFENDANT'S PRESENCE? 7 4. WHETHER THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND ARTICLE 1, SECTION 10, OF THE OHIO CONSTITUTION GUARANTEE CRIMINAL DEFENDANT'S THE RIGHT TO COUNSEL AT ALL “CRITICAL STAGES" OF THE CRIMINAL PROCESS2 5. WHETHER THE EIGHTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ' SECTION 9, ARITCLE | OF THE OHIO CONSTITUTION FORBID EXTREME SENTENCES : THAT ARE GROSSLY DISPROPORTIONATE TO THE CRIMES? ; . : | ‘ |