No. 18-9579
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
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 LaHote — Office of the Ohio Public Defender, Petitioner
Erika Marie LaHote — Office of the Ohio Public Defender, Petitioner
State of Ohio
Vincent Victor Vigluicci — Medina County Prosecutors Office, Respondent
Vincent Victor Vigluicci — Medina County Prosecutors Office, Respondent