No. 21-6473

Michael Stumph v. Ohio

Lower Court: Ohio
Docketed: 2021-12-02
Status: Denied
Type: IFP
Amici (1)Response WaivedIFP
Tags: Appellate-Review Cruel-and-Unusual-Punishment Due-Process eighth-amendment Equal-Protection fourteenth-amendment Procedural-Due-Process sentencing-discretion
Latest Conference: 2022-01-07
Question Presented (from Petition)

Whether Ohio Revised Code § 2953.08(D)(3) violates the prohibition against cruel and unusual punishment under the Eighth Amendment to the United States Constitution?

Whether Ohio Revised Code § 2953.08(D)(3) violates the Equal Protection Clause under the Fourteenth Amendment to the United States Constitution?

Whether Ohio Revised Code § 2953.08(D)(3) violates the substantive due process implications of the Due Process Clauses under the Fifth and Fourteenth Amendments to the United States Constitution?

Whether Ohio Revised Code § 2953.08(D)(3) violates the procedural due process safeguards of the Due Process Clauses under the Fifth and Fourteenth Amendments to the United States Constitution?

Question Presented (AI Summary)

Whether Ohio Revised Code § 2953.08(D)(3) violates the Eighth-Amendment

Docket Entries

2022-01-10
Petition DENIED.
2022-01-03
Brief amici curiae of Ohio Public Defender, et al. filed.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-22
Waiver of right of respondent Ohio to respond filed.
2021-11-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2022)

Attorneys

Michael Stumph
Krista Marie GieskeLaw Office of the Hamilton County Public Defender, Petitioner
Ohio Public Defender, et al.
Peter GalyardtOffice of the Ohio Public Defender, Amicus
State of Ohio
Philip Richard CummingsHamilton County Prosecutor's Office, Respondent