No. 20-8038

Shawn Grate v. Ohio

Lower Court: Ohio
Docketed: 2021-05-14
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: capital-punishment criminal-defendant criminal-defense death-penalty due-process effective-assistance-of-counsel ineffective-assistance-of-counsel insanity-defense mental-health mitigation
Key Terms:
DueProcess FifthAmendment Punishment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2021-09-27 (distributed 2 times)
Question Presented (AI Summary)

Whether a criminal defendant is deprived of the constitutional right to effective assistance of counsel and due process if trial counsel withdraws an insanity plea and fails to present a full mitigation case

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Ifacriminal defendant, charged with a death penalty-qualified offense, admit to murdering multiple women, and the only possible defense is a verdict of not guilty by reason of insanity (NGRJ and/or a mitigation case based on a mental health diagnosis, will the defendant be deprived of a the Constitutional right to effective assistance of counsel and due process if trial counsel withdraws the NGRI plea before trial and fails to present a full mitigation case -even if the evidence of defendant's guilt is overwhelming? 2. If a trial court bars mitigation testimony from a defendant's family member, and rules that testimony about the defendant's mother is inadmissible and that much of an expert's testimony should be disregarded by the sentencing jury as hearsay, does it constitute a due process violation in a death penalty case?

Docket Entries

2022-01-26
Record returned to the Supreme Court of Ohio (4 boxes).
2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-08-23
Record received from the Supreme Court of Ohio (4 boxes).
2021-08-11
Record Requested.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-05-18
Brief of respondent State of Ohio in opposition filed.
2021-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2021)

Attorneys

Shawn Grate
Donald Michael GallickLaw Office of Donald Gallick, LLC, Petitioner
Donald Michael GallickLaw Office of Donald Gallick, LLC, Petitioner
State of Ohio
Stephen Edward MaherOhio Attorney General's Office - Capital Crimes, Respondent
Stephen Edward MaherOhio Attorney General's Office - Capital Crimes, Respondent