No. 20-7462

Anthony Kirkland v. Ohio

Lower Court: Ohio
Docketed: 2021-03-17
Status: Denied
Type: IFP
IFP
Tags: capital-defendant death-penalty fair-trial fifth-amendment fourteenth-amendment impartial-jury ineffective-assistance sixth-amendment
Key Terms:
DueProcess Punishment
Latest Conference: 2021-05-13
Question Presented (AI Summary)

Are a capital defendant's rights to a fair trial by an impartial jury denied when a juror believes the death penalty should be used in all cases of murder?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Are a capital defendant’s rights to a fair trial by an impartial jury, as guaranteed by the Fifth, Sixth, and Fourteenth Amendments, denied when one of the empaneled jurors believes the death penalty should be used in all cases of murder? II. Does defense counsel’s failure to excuse or otherwise object to a juror who is biased in favor of the death penalty in all cases of murder, and thereby allows that juror to sit on the jury which will determine whether the defendant’s sentence is life or death, deny the capital defendant the effective assistance of counsel as guaranteed by the Sixth and Fourteenth Amendments, warranting a new sentencing trial? i

Docket Entries

2021-05-17
Petition DENIED.
2021-04-28
DISTRIBUTED for Conference of 5/13/2021.
2021-04-14
Brief of respondent State of Ohio in opposition filed.
2021-03-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2021)

Attorneys

Anthony Kirkland
Andrew Paul AvellanoAndrew P. Avellano, Attorney At Law, Petitioner
Andrew Paul AvellanoAndrew P. Avellano, Attorney At Law, Petitioner
State of Ohio
Ronald W. Springman Jr.Hamilton County Prosecutor's Office, Respondent
Ronald W. Springman Jr.Hamilton County Prosecutor's Office, Respondent