No. 18-8516

John E. Drummond v. Ohio

Lower Court: Ohio
Docketed: 2019-03-21
Status: Denied
Type: IFP
IFP
Tags: appellate-review civil-procedure collateral-appeals collateral-review direct-appeal due-process forum judicial-procedure legal-remedy precedent prejudice records standing
Key Terms:
DueProcess HabeasCorpus Punishment
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Is the state required to provide a defendant a forum to litigate a due-process claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Is the state required to provide a defendant a forum to litigate a due process claim that can only be effectively presented by combining the records of both the direct appeal and the collateral appeals because the prejudice of the direct appeal error was contained in the collateral appeal and not part of the direct appeal record? IL. If a state supreme court releases an opinion which, if rendered before rather than after a defendant’s appeal, would have mandated the ordering of a new trial for that defendant and did not constitute new law, must that state allow the defendant the ability to present his case under the more recent precedent? i

Docket Entries

2019-05-20
Petition DENIED.
2019-05-01
DISTRIBUTED for Conference of 5/16/2019.
2019-04-17
Brief of respondent State of Ohio in opposition filed.
2019-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

John E. Drummond
David Lawrence DoughtenStandard Building, Petitioner
David Lawrence DoughtenStandard Building, Petitioner
State of Ohio
Ralph Michael RiveraMahoning County Prosecutor's Office, Respondent
Ralph Michael RiveraMahoning County Prosecutor's Office, Respondent