No. 18-9579

James D. Tench v. Ohio

Lower Court: Ohio
Docketed: 2019-06-07
Status: Denied
Type: IFP
IFP
Tags: aggravating-circumstances capital-defendant capital-punishment constitutional-rights death-penalty' 'When a reviewing court independen due-process evidence-admission guilty-verdict hurst-v-florida jury jury-verdict mitigating-factors prejudicial-evidence sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does the admission of improper and prejudicial evidence violate a capital defendant's right to due process?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the admission of improper and prejudicial evidence violate a capital defendant’s right to due process where the record indicates that the jury relied upon that evidence in rendering its guilty verdict and in recommending a sentence of death? 2. When a reviewing court independently reweighs the aggravating circumstances against the mitigating factors and substitutes its judgment for that of the jury’s, does that reweighing violate a capital defendant’s Sixth Amendment Constitutional right as defined by this Court in Hurst v. Florida, __ U.S. ___, 136 S.Ct. 616, 624 (2016)? i

Docket Entries

2019-10-07
Petition DENIED.
2019-07-19
Reply of petitioner James Tench filed. (Distributed)
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-02
Brief of respondent State of Ohio in opposition filed.
2019-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)

Attorneys

James Tench
Erika Marie LaHoteOffice of the Ohio Public Defender, Petitioner
Erika Marie LaHoteOffice of the Ohio Public Defender, Petitioner
State of Ohio
Vincent Victor VigluicciMedina County Prosecutors Office, Respondent
Vincent Victor VigluicciMedina County Prosecutors Office, Respondent