No. 21-5378

Anthony Kirkland v. Ohio

Lower Court: Ohio
Docketed: 2021-08-16
Status: Denied
Type: IFP
IFP
Tags: appellate-counsel appellate-procedure capital-punishment constitutional-rights due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct
Key Terms:
DueProcess Punishment
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Is a capital sentence invalid when the prosecutor leads the jury to believe the judge has already decided the defendant should be sentenced to death?

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. Is a capital sentence invalid, and imposed in violation of the capital defendant’s constitutional rights, when during the final closing argument advocating for a sentence of death the prosecutor leads the jury to believe, without objection by defense counsel or correction by the trial judge, that the judge has already decided the defendant should be sentenced to death for his crimes and will, in fact, impose a death sentence, if the jurors follow their oaths and return a verdict of death? II. Is a capital defendant’s right to the effective assistance of appellate counsel prejudicially denied, in violation of his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments, when his appointed appellate counsel fails to raise in the direct appeal the obvious claims of prosecutorial misconduct and ineffective trial counsel arising from the prosecutor’s representation to the jury in the final closing argument that the trial judge has already decided the defendant should be sentenced to death for his crimes and will, in fact, impose a death sentence, if the jurors follow their oaths and return a verdict of death? i

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-09
Brief of respondent Ohio in opposition filed.
2021-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2021)

Attorneys

Anthony Kirkland
Timothy Farrell Sweeney — Petitioner
Timothy Farrell Sweeney — Petitioner
State of Ohio
Ronald W. Springman Jr.Hamilton County Prosecutor Off, Respondent
Ronald W. Springman Jr.Hamilton County Prosecutor Off, Respondent