No. 20-6856

Lavon Oden v. Neil Turner, Warden

Lower Court: Sixth Circuit
Docketed: 2021-01-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-05-20 (distributed 2 times)
Question Presented (AI Summary)

Was LaVon Oden's Sixth Amendment right to confront witnesses violated?

Question Presented (OCR Extract)

No question identified. : : 7 QUESTIONS GROUND ONEWas LaVon Oden's Sixth Amendment “Confrontation : Clause right to directly confront witnesses; the right to cross examine adverse witnesses violated, when the trial court erred as a matter of law by allowing witness Darryl Craig's identification of Oden as the shooter and the contents of Craig's text messages? GROUND TWODid the Trial Court error as a matter of law by overruling Oden's motion for mistrial; and Abuse its discretion when the trial court prevented trial counsel from cross-examining witness Curtis Boston about his admitted out of court conversatio ns with witness Darryl Craig, while in lockup, in which Boston stated Craig influenced -hisotestimony3, 7 GROUND THREEWas LaVon Oden's Sixth Amendment right to the effec tive assistance of counsel; and Oden's Sixth Amendment right to confront witness Darryl Craig violated, when trial counsel failed to object.:to hearsay evidence? If a petitioner is denied effectiv e cross~. examination, would that be a constitutional error of the First magnitude and no amount of showing or want of prejudice could cure it? GROUND FOURWas LaVon Oden's Sixth Amendment .right to the effective assistance of counsel violated, when trialcounsel . conceded to the guilt of the petitioner? GROUND FIVE~ Was LaVon Oden's Sixth Amendment right to the ». effective assistance of counsel violated, when trial counsel .:i ' failed to file a motion to supress the identification by Robert Johnson of Oden as the shooter? . ve GROUND SIXWas LaVon Oden's Fourteenth Amendment right violated, when prosecutorial misconduct rendered petitioner's trial fundamentally unfair? .

Docket Entries

2021-05-24
Rehearing DENIED.
2021-05-04
DISTRIBUTED for Conference of 5/20/2021.
2021-03-05
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-25
Waiver of right of respondent Neil Turner, Warden to respond filed.
2020-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Lavon Oden
LaVon Oden — Petitioner
Neil Turner, Warden
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent