No. 18-8432

Kelly Foust v. Ohio

Lower Court: Ohio
Docketed: 2019-03-15
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: capital-defendant capital-punishment capital-sentencing constitutional-interpretation criminal-procedure death-penalty hurst-precedent hurst-v-florida jury jury-waiver sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2019-06-20 (distributed 2 times)
Question Presented (AI Summary)

Does Ohio's death penalty scheme violate the Sixth Amendment right to a jury as explained in Hurst v. Florida?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Does Ohio’s death penalty scheme in which a jury’s death verdict is a mere recommendation and in which a death sentence may not be imposed unless a judge makes additional factual findings violate the Sixth Amendment right to a jury as explained in Hurst v. Florida? If Ohio’s death penalty scheme does violate the Sixth Amendment right to a jury as set forth in Hurst v. Florida, can a capital defendant’s jury waiver that predates Hurst be understood as a knowing, intelligent, and voluntary waiver of his penalty-phase Sixth Amendment right as identified in Hurst? i

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-06-04
Reply of petitioner Kelly Foust filed. (Distributed)
2019-05-22
Brief of respondent State of Ohio in opposition filed.
2019-04-22
Response Requested. (Due May 22, 2019)
2019-04-18
DISTRIBUTED for Conference of 5/9/2019.
2019-04-15
Waiver of right of respondent State of Ohio to respond filed.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2019)
2019-01-08
Application (18A702) granted by Justice Sotomayor extending the time to file until March 11, 2019.
2018-12-21
Application (18A702) to extend the time to file a petition for a writ of certiorari from January 8, 2019 to March 9, 2019, submitted to Justice Sotomayor.

Attorneys

Kelly Foust
Jeffrey M. Gamso — Petitioner
Jeffrey M. Gamso — Petitioner
State of Ohio
Katherine Elizabeth MullinOffice of the Cuyahoga County Prosecutor, Respondent
Katherine Elizabeth MullinOffice of the Cuyahoga County Prosecutor, Respondent