No. 20-6823

Robert Buttery v. Ohio

Lower Court: Ohio
Docketed: 2021-01-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 5th-amendment 6th-amendment constitutional-amendment criminal-procedure due-process jury-trial jury-trial-rights juvenile-adjudication sex-offender-registration
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether an adult felony conviction under Ohio's failure to register statute violates due process and jury trial rights

Question Presented (OCR Extract)

Questions Presented Whether an adult felony conviction under Ohio’s failure to register statute, | Ohio Rev. Code Ann. § 2950.04, violates a defendant’s due process and jury trial | rights under the Fifth, Sixth, and Fourteenth Amendments to the United States | Constitution, where the defendant’s duty to register arises from a civil judicial factfinding court order and a non-jury juvenile delinquency adjudication? Whether juvenile adjudications, which do not provide for a right to a jury | trial, may serve as an element of a felony offense in Ohio’s failure to register statute, Ohio Rev. Code Ann. § 2950.04, 2950.06 under the Fifth, Sixth, and | Fourteenth Amendments, United States Constitution? : Whether due process under the Fourteenth Amendment allows a juvenile adjudication, which is not submitted to a jury, to qualify as a “prior conviction” which is therefore not required to be submitted to a jury and determined beyond a reasonable doubt? | | | [ | i i | | Page No.

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-12
Waiver of right of respondent State of Ohio to respond filed.
2020-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2021)

Attorneys

Robert Buttery
Christine Yvonne JonesLaw Office of the Hamilton County, Ohio Public Defender, Petitioner
Julie Kahrs NesslerLaw Office of the Hamilton County Public Defender, Petitioner
State of Ohio
Paula Elaine AdamsHamilton County Prosecutor's Office, Respondent