No. 21-6271

Austin Myers v. Ohio

Lower Court: Ohio
Docketed: 2021-11-15
Status: Denied
Type: IFP
IFP
Tags: access-to-courts criminal-procedure death-penalty discovery due-process eighth-amendment fourteenth-amendment ineffective-assistance-of-counsel postconviction postconviction-relief summary-dismissal
Key Terms:
DueProcess Punishment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-01-14
Question Presented (AI Summary)

Whether the Ohio state courts deny a death-sentenced postconviction petitioner's rights to due process, access to the Ohio courts, and an adequate corrective process

Question Presented (OCR Extract)

QUESTIONS PRESENTED CAPITAL CASE: NO CURRENT EXECUTION DATE I. Do the Ohio state courts deny a death-sentenced postconviction petitioner’s rights to due process, access to the Ohio courts, and an adequate corrective process when those courts enforce an unreasonable and definition of “good cause” and fail to allow petitioner to conduct necessary discovery on the vast majority of his grounds for relief—including on all grounds challenging the deficient performance of his trial counsel in the guilt-innocence phase of his capital trial—before summarily dismissing those grounds without a hearing? IL. Is the infliction of the death penalty on a person who was nineteen years old at the time of the offense, and was not the actual killer of the single victim of the subject crime, cruel and unusual punishment, and thus barred by the Eighth and Fourteenth Amendments? i

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-12-14
Brief of respondent Ohio in opposition filed.
2021-11-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2021)

Attorneys

Austin Myers
Timothy Farrell Sweeney — Petitioner
Timothy Farrell Sweeney — Petitioner
Ohio
David P. FornshellWarren County Prosecutor's Office, Respondent
David P. FornshellWarren County Prosecutor's Office, Respondent