No. 21-5961

David K. Horsley v. Ohio

Lower Court: Ohio
Docketed: 2021-10-14
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appeal-waiver appellate-procedure constitutional-interpretation criminal-procedure due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel procedural-rule sixth-amendment state-appellate-procedure
Key Terms:
ERISA DueProcess FourthAmendment
Latest Conference: 2022-02-25 (distributed 2 times)
Question Presented (AI Summary)

Whether the holding in Garza v. Idaho, 586 U.S. 10 (2019) applies to Ohio App. R. 26(B)(1) which requires a defendant to prove ineffective assistance of counsel to reopen an appeal that was originally denied based on an appeal waiver

Question Presented (OCR Extract)

Question Presented To clarify if what the United States Court held in Garza v. Idaho, 586 U.S. 10 (2019) applies to Ohio App. R. 26 (B)(1) which requires a defendant to prove ineffective assistance of counsel to reopen an appeal that was originally denied based on an appeal waiver. A state appellate procedure is in conflict with the Court precedent set in Garza v. Idaho, 586 U.S.__ (2019). . ii

Docket Entries

2022-02-28
Rehearing DENIED.
2022-02-09
DISTRIBUTED for Conference of 2/25/2022.
2022-01-14
Petition for Rehearing filed.
2022-01-10
Petition DENIED.
2021-12-02
DISTRIBUTED for Conference of 1/7/2022.
2021-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 15, 2021)

Attorneys

David K. Horsley
David K. Horsley — Petitioner