No. 19-5079

Kenneth Blackwell v. Georgia

Lower Court: Georgia
Docketed: 2019-07-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-discretion appellate-procedure appellate-review evidence issue-preservation judicial-discretion legal-sufficiency legal-theory prior-bad-acts prior-difficulties-evidence standard-of-review state-argument trial-court trial-court-discretion trial-procedure waiver
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Georgia Court of Appeals erred when it held that the trial court admitted Petitioner's sexual acts in Ohio as prior difficulties evidence even though the State did not squarely present this legal argument to the trial court at trial

Question Presented (from Petition)

QUESTION PRESENTED This Court has not enunciated a general rule regarding what questions may be taken and resolved for the first time on appeal when a party fails to present a legal theory with sufficient clarity and specificity to the lower court prior to judgment. See, Singleton v. Wulff, 428 U.S. 106, 121 (1976). Whether the Georgia Court of Appeals erred when it held that the trial court admitted Petitioner’s sexual acts in Ohio as prior difficulties evidence even though the State did not squarely present this legal argument to the trial court at trial.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-15
DISTRIBUTED for Conference of 10/1/2019.
2019-08-02
Waiver of right of respondent Georgia to respond filed.
2019-07-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 5, 2019)

Attorneys

Georgia
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Kenneth Blackwell
Frances C. KuoFrances C. Kuo, Attorney At Law, Petitioner
Frances C. KuoFrances C. Kuo, Attorney At Law, Petitioner