No. 20-8075

Damantae Graham v. Ohio

Lower Court: Ohio
Docketed: 2021-05-19
Status: Denied
Type: IFP
IFP
Tags: appellate-review capital-punishment capital-sentencing constitutional-error constitutional-law criminal-procedure harmless-error trial-procedure victim-impact victim-impact-testimony
Key Terms:
DueProcess Punishment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Is a new trial required when an appellate court assumes a trial court's admission of irrelevant victim impact testimony was error?

Question Presented (OCR Extract)

QUESTIONS PRESENTED This Court ruled that, before a federal constitutional error can be deemed harmless, the prosecution must establish by proof beyond a reasonable doubt that the error was harmless. Chapman v. California, 386 U.S. 18, 24 (1967). In Payne v. Tennessee, 501 U.S. 808, 827-29 (1991), this Court addressed the admission of testimony concerning the victim’s background in the sentencing phase of a capital case. This Court has yet to address the admission of similar testimony in the trial phase of a capital case. This case presents this Court with that opportunity. After an appellate court assumes a trial court’s admission of irrelevant victim impact testimony was error, is it required to grant the defendant a new trial? When a court recognizes multiple constitutional violations and instances of erroneously admitted evidence, should it be required to assess the errors cumulatively before dismissing them all as harmless? i

Docket Entries

2021-10-04
Petition DENIED.
2021-07-08
DISTRIBUTED for Conference of 9/27/2021.
2021-07-06
Reply of petitioner Damantae Graham filed. (Distributed)
2021-06-18
Brief of respondent State of Ohio in opposition filed.
2021-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 18, 2021)

Attorneys

Damantae Graham
Michelle Eiler UmanaOffice of the Ohio Public Defender, Petitioner
Michelle Eiler UmanaOffice of the Ohio Public Defender, Petitioner
State of Ohio
Pamela Joy HolderPortage County Prosecutor, Respondent
Pamela Joy HolderPortage County Prosecutor, Respondent