No. 21-603

Ohio v. George Brinkman

Lower Court: Ohio
Docketed: 2021-10-26
Status: Denied
Type: Paid
Amici (1)
Tags: automatic-reversal boykin-advisement boykin-v-alabama constitutional-rights due-process fourteenth-amendment guilty-plea plea-review presumption-of-prejudice standard-of-review
Key Terms:
DueProcess
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Does the Due Process Clause prohibit review of the entire record to determine whether a guilty plea was knowingly, intelligently and voluntarily entered?

Question Presented (from Petition)

QUESTIONS PRESENTED George Brinkman confessed to murdering a mother and her two daughters. In the face of overwhelming evidence, Brinkman, represented by counsel, chose to enter a guilty plea to the indictment. Fifty-two years ago, the Court held that due process requires an affirmative showing that a guilty plea was entered knowingly, voluntarily, and intelligently. Boykin v. Alabama, 395 U.S. 238 (1969). Boykin held that the waiver of constitutional rights during a plea cannot be presumed from a silent record, but it did not limit what a reviewing court can consider. Despite a lack of objection, the Supreme Court of Ohio vacated Brinkman's plea finding that due process can only be satisfied by a narrow review of the plea proceedings-a standard the Court has never previously required. The Supreme Court of Ohio's "presumption of prejudice" standard conflicts with decisions from the Court as well as nearly all other state and federal courts. The two questions presented for the Court are: 1. Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution prohibit review of the entire record to determine whether a_ guilty plea was knowingly, intelligently and voluntarily entered? 2. Should this Court grant certiorari to resolve the conflict among the courts on whether the failure to strictly adhere to the advisement of rights in Boykin should result in the automatic reversal of a guilty plea?

Docket Entries

2022-02-22
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2022-02-22
Petition DENIED.
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2022-01-11
Reply of petitioner Ohio filed. (Distributed)
2021-12-23
Brief of respondent George Brinkman in opposition filed.
2021-12-23
Motion for leave to proceed in forma pauperis filed by respondent George Brinkman.
2021-11-12
Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2021.
2021-11-10
Motion to extend the time to file a response from November 26, 2021 to December 23, 2021, submitted to The Clerk.
2021-11-09
Brief amicus curiae of Ohio Prosecuting Attorneys Association filed.
2021-10-19
Petition for a writ of certiorari filed. (Response due November 26, 2021)

Attorneys

George Brinkman
Jeffrey M. GamsoLaw Office of Jeffrey M. Gamso, Respondent
Jeffrey M. GamsoLaw Office of Jeffrey M. Gamso, Respondent
Ohio
Katherine Elizabeth MullinOffice of the Cuyahoga County Prosecutor, Petitioner
Katherine Elizabeth MullinOffice of the Cuyahoga County Prosecutor, Petitioner
Ohio Prosecuting Attorneys Association
Steven L. TaylorOhio Prosecuting Attys. Assn., Amicus
Steven L. TaylorOhio Prosecuting Attys. Assn., Amicus