No. 20-8035

James W. Moore v. Ohio

Lower Court: Ohio
Docketed: 2021-05-14
Status: Denied
Type: IFP
IFP
Tags: 14th-amendment burden-of-proof castle-doctrine due-process duty-to-retreat effective-assistance-of-counsel fourteenth-amendment jury-instructions self-defense
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is Ohio's Castle Doctrine unconstitutional?

Question Presented (OCR Extract)

No question identified. : QUESTIONS PRSENTED (1) Is Ohio’s Castle Doctrine unconstitutional as it does not include one’s entire property as the residence while a person acting in self-defense is defending their residence? (2) Does the Due Process Clause of the Fourteenth Amendment allows the burden to be place on the accused whose defending his residence to prove he had no duty to retreat? / (3) Is a defendant denied the right to effective assistance of counsel if defense counsel doesn’t make sure that the proper jury instructions are submitted to the jury in accordance with the defense? ii.

Docket Entries

2021-10-04
Petition DENIED.
2021-06-24
DISTRIBUTED for Conference of 9/27/2021.
2021-05-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2021)

Attorneys

James W. Moore
James W. Moore — Petitioner
James W. Moore — Petitioner