No. 18-6252
IFP
Tags: capital-defendant capital-punishment constitutional-right death-penalty due-process intellectual-disability opportunity-to-be-heard procedural-due-process state-courts threshold-showing
Key Terms:
Punishment HabeasCorpus
Punishment HabeasCorpus
Latest Conference:
2018-12-07
Question Presented (AI Summary)
When a capital defendant can make a substantial threshold showing of intellectual disability, are the state courts constitutionally required to provide him the opportunity to be heard?
Question Presented (OCR Extract)
QUESTIONS PRESENTED Question #1: When a capital defendant can make a substantial threshold showing of intellectual disability, are the state courts constitutionally required to provide him the opportunity to be heard? Question #2: Does a capital defendant have a constitutional right to have his state court counsel present his evidence of intellectual disability, which would per se exclude him from the death penalty? i
Docket Entries
2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-20
Reply of petitioner Hersie Wesson filed. (Distributed)
2018-11-07
Brief of respondent State of Ohio in opposition filed.
2018-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2018)
Attorneys
Hersie Wesson
Rachel Troutman — Ohio Public Defender, Petitioner
Rachel Troutman — Ohio Public Defender, Petitioner
State of Ohio
Jacquenette Susanne Corgan — Summit County Prosecutor's Office, Respondent
Jacquenette Susanne Corgan — Summit County Prosecutor's Office, Respondent