No. 21-6416

Bradford S. Davic v. Ohio

Lower Court: Ohio
Docketed: 2021-11-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-review constitutional-rights due-process guilty-plea mandatory-sentences mandatory-sentencing sex-offender-registration trial-court-notification void-plea
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2022-03-04 (distributed 2 times)
Question Presented (AI Summary)

Is a petitioner denied due process of law, and is his guilty plea void, where his plea was not entered knowingly, intelligently and voluntarily, due to the trial court's failure to notify him, prior to accepting his guilty plea, that in pleading guilty he is subject to mandatory consecutive sentences and to the punitive sanction of lifetime registration as a tier III sex offender?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW: IS A PETITIONER DENIED DUE PROCESS OF LAW, AND IS HIS GUILTY PLEA VOID, WHERE HIS PLEA WAS NOT ENTERED KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY, DUE TO THE TRIAL COURT'S FAILURE TO NOTIFY HIM, PRIOR TO ACCEPTING HIS GUILTY PLEA, THAT IN PLEADING GUILTY HE IS SUBJECT TO MANDATORY CONSECUTIVE SENTENCES AND TO THE PUNITIVE SANCTION OF LIFETIME REGISTRATION AS A TIER III SEX OFFENDER? SECOND QUESTION PRESENTED FOR REVIEW: IS A PETITIONER DENIED DUE PROCESS AND EQUAL PROTECTION OF LAW WHEN AN APPELLATE COURT HOLDS THAT THE TRIAL COURT DID NOT HAVE JURISDICTION TO HEAR HIS MOTION TO VACATE VOID PLEA AGREEMENT FILED?

Docket Entries

2022-03-07
Rehearing DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-01-24
Petition for Rehearing filed.
2022-01-10
Petition DENIED.
2021-12-16
DISTRIBUTED for Conference of 1/7/2022.
2021-12-13
Waiver of right of respondent Ohio to respond filed.
2021-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2021)

Attorneys

Bradford S. Davic
Bradford S. Davic — Petitioner
Bradford S. Davic — Petitioner
Ohio
Seth Luxon GilbertFranklin County Prosecuting Attorney, Respondent
Seth Luxon GilbertFranklin County Prosecuting Attorney, Respondent