No. 19-6790

Mark Gerth v. Warden, Allen Oakwood Correctional Institution

Lower Court: Sixth Circuit
Docketed: 2019-11-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure constitutional-rights direct-appeal due-process ineffective-assistance-of-counsel reopened-appeal right-to-counsel
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether Petitioner had a constitutional right to counsel

Question Presented (from Petition)

QUESTION PRESENTED Whether Petitioner had a constitutional right to counsel, and thus the right to effective counsel, after the Court of Appeals for the First Appellate District of Ohio found he received ineffective assistance of appellate counsel in his direct appeal, granted his application to reopen his direct appeal, stated that the case shall now proceed as on an initial appeal, appointed Petitioner new appellate counsel, and reopened the appeal with the instruction that new appellate counsel present any other nonfrivolous arguments not previously considered. i

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-12-03
Waiver of right of respondent Warden, Allen Oakwood Correctional Institution to respond filed.
2019-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2019)

Attorneys

Mark Gerth
Kort W. GatterdamCarpenter Lipps and Leland, Petitioner
Kort W. GatterdamCarpenter Lipps and Leland, Petitioner
Warden, Allen Oakwood Correctional Institution
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent