No. 18-8194

Jerome Henderson v. Terry Collins, Warden

Lower Court: Sixth Circuit
Docketed: 2019-02-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: due-process equal-protection post-conviction-remedies statutory-law suspension-clause due-process equal-protection federal-statutory-law habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ohio-public-defender-commission post-conviction-relief post-conviction-remedies procedural-default
Key Terms:
AdministrativeLaw ERISA DueProcess HabeasCorpus Punishment Privacy JusticiabilityDoctri
Latest Conference: 2019-05-30 (distributed 2 times)
Question Presented (AI Summary)

Whether appointed counsel violated federal statutory law or constituted an equal protection clause violation

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) Whether, or to what extent, appointed counsel pursuant to Harbison v. Bell, 556 U.S. at 194 (2009) ... REBUFFED -ehis demands to Brief and Raise the ineffective assistance of trial counsel claim (10(A)(13)), that had been procedurally defaulted; And, REBUFFED, to Brief and Raise his statutorily appointed counsel's deficient performance, due to attorneys’ David C. Stebbins, et al., pattern of deviations from Ohios' pest-conviction remedies [procedural] framework for raising the issue of ineffective assistance of counsel, where the allegations are based on facts not appearing in the record, against Jerome Henderson's demands; in coordination with and at the direction of the Ohio Public Defender Commission, in his Application for Executive Clemency, Stating: "BECAUSE DAVID STEBBINS IS A . COLLEAGUE OF MINE'S!" ... Violated Federal Statutory Law (18 U.S.C. § 3599]? ... Or, Constituted Equal Protection Clause Violation?, U.S. Const. Amend. XIV, § 1. 2) Whether, or to what extent, appointed counsel pursuant to Harbison v. Bell, 556 U.S. at 194 (2009) ... REBUFFED / eee his demands to Brief and Raise the ineffective assistance of trial counsel claim (10(A)(13)), that had been procedurally defaulted; And, REBUFFED, to Brief and Raise his statutorily appointed counsel's deficient performance, due to attorneys’ David C. Stebbins, et al., pattern of deviations from Ohios‘ post-conviction remedies [procedural] framework for raising the issue of ineffective assistance of counsel, where the allegations are based on facts not appearing in the record, against Jerome | 2o0f 5 Henderson's demands; in coordination with and at the direction of the Ohio Public Defender Commission, in a ‘subsequent’ to her appointment., Id., at 185 and 188, “subsequent stage of available judicial proceedings," not previously available to Jerome Henderson and a legal basis enunciated in Martinez v. Ryan, 132 S.Ct. at 1309 and 1315 (2012), under 28 U.S.C. § 2254, ‘seeking . to vacate or set aside his death sentence,’ Stating: “BUE, THAT WAS THE LAW BACK THENE"; And, Bizarrely, Cited: Coleman v. Thompson, 501 U.S. 722 (June 24, 1991) ... Violated Federal Statutory Law [18 U.S.C. § 3599]? ... Or, Constituted Equal Protection Clause Violation?, U.S. Const. Amend. XIV, § 1. 3) BECAUSE, "THE JUDICIAL POWER SHALL EXTEND TO ALL CASES, IN LAW AND EQUITY, ARISING UNDER THIS CONSTITUTION, THE MADE, UNDER THEIR AUTHORITY; -TO CONTROVERSIES BETWEEN A STATE, OR THE CITIZENS THEREOF." U.S. Const. Art. TIL, § 2, [1]... ‘ Whether, or to what extent, the State of Ohios' [LEGISLATURE] deprivation of due process and equal protections rights and as well the procedural default of a claim of ineffective assistance at trial in his initial state post-conviction remedies : proceedings under that statute Ohio Revised Code Section 2953.21, et seg., the result of state action in violation of the... laws of the United States, due to an unlawful (State) source of invidiously systematic de facto racial discrimination; that is J [DJeliberate(!), emanating from an official source in the State of Ghio, to wit: The Ohio Public Defender's Office; and, failure to fulfill its statutory obligation to provide the effective 3 of 5 assistance of counsel to pursue filing Jerome Henderson's initial petition for post-conviction relief pursuant to that Section {2953.21(1)], of the Ohio Revised Code, in an organized , Suspension Of The Writ; foreclosing federal habeas corpus review; in coordination with and at the direction of the Ohio Public Defender Commission, and, contrary to clearly established state law for raising the issue of ineffective assistance of counsel, where the allegations of ineffectiveness are based on facts not appearing in the record, that . . . “worked to {Jerome Henderson's] actual and substantial disadvantage," in the context of the state's initial post-conviction remedies December 17 and 18th, 1990, (Evidentiary Hearing), Proceedings No. C-91 0146; And, Prejudic

Docket Entries

2019-06-03
Rehearing DENIED.
2019-05-14
DISTRIBUTED for Conference of 5/30/2019.
2019-05-01
Petition for Rehearing filed.
2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-22
Reply of petitioner Jerome Henderson filed. (Distributed)
2019-03-13
Brief of respondent Terry Collins in opposition filed.
2019-02-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2019)

Attorneys

Jerome Henderson
Jerome Henderson — Petitioner
Jerome Henderson — Petitioner
Terry Collins
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent