No. 18-6316

Willie Gene Wilks, Jr. v. Ohio

Lower Court: Ohio
Docketed: 2018-10-15
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error
Key Terms:
DueProcess Punishment
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceedings?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceedings? 2. Is plain error review appropriate when defective jury instructions relieve the State of its burden of proof, and cana reviewing court rely on that plain error review to determine whether defense counsel’s failure to object to the flawed instructions was reasonable? i

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-07
Brief of respondent State of Ohio in opposition filed.
2018-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2018)

Attorneys

State of Ohio
Ralph Michael RiveraMahoning County Prosecutor's Office, Respondent
Ralph Michael RiveraMahoning County Prosecutor's Office, Respondent
Willie G. Wilks, Jr.
Erika Marie LaHoteOffice of the Ohio Public Defender, Petitioner
Erika Marie LaHoteOffice of the Ohio Public Defender, Petitioner