No. 18-9146

Kenan Ivery v. Ohio

Lower Court: Ohio
Docketed: 2019-05-06
Status: Denied
Type: IFP
IFP
Tags: criminal-defense criminal-procedure due-process equal-protection heat-of-passion homicide state-judiciary sudden-provocation
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Is a petitioner denied due process and equal protection when a state judiciary refuses to acknowledge that 'fear' is a passion that deprived the petitioner from asserting a complete defense and prevented the prosecution from proving the absence of heat of passion on sudden provocation?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW: IS A PETTIONER DENIED DUE PROCESS AND EQUAL PROTECTION OF THE LAW WHEN A STATE JUDICIARY REFUSES—AGAINST COMMON SENSE, REASON, LEGISLATIVE INTENT AND THE DECISION OF THIS COURT—TO ACKNOWLEDGE THAT “FEAR,” EVEN THE FEAR OF DEATH, IS A PASSION, WHICH DEPRIVED THE PETITIONER FROM ASSERTING A COMPLETE DEFENSE AND PREVENTED THE PROSECUTION FROM HAVING TO PROVE BEYOND A REASONABLE DOUBT THE ABSENCE OF THE HEAT OF PASSION ON SUDDEN PROVOCATION WHEN THE ISSUE WAS PROPERLY PRESENTED IN A HOMICIDE CASE?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-03-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2019)

Attorneys

Kenan Ivery
Kenan Ivery — Petitioner