Kenan Ivery v. Ohio
AdministrativeLaw DueProcess HabeasCorpus
Is a petitioner denied due-process and equal-protection when the state-court-of-appeals procedurally-dismisses his application-for-reopening
QUESTION PRESENTED FOR REVIEW: IS A PETITIONER DENIED DUE PROCESS AND EQUAL PROTECTION OF LAW WHEN THE STATE COURT OF APPEALS PROCEDURALLY DISMISSES HIS OHIO APP.R. 26(B) APPLICATION FOR REOPENING ON THE BASIS OF IT BEING A SECOND (OR SUCCESSIVE) APPLICATION FOR REOPENING, WHERE PETITIONER WAS PREVIOUSLY GRANTED AN APPLICATION FOR REOPENING OF THE SAME DIRECT APPEAL? SECOND QUESTION PRESENTED FOR REVIEW: IS A PETITIONER DENIED A FAIR TRIAL AND DUE PROCESS OF LAW WHEN A TRIAL COURT ERROUNEOUSLY INSTRUCTS THE JURY TO FIND PETITIONER GUILTY EVEN IF THE STATE FAILED TO PROVE EVERY ESSENTIAL ELEMENT OF THE CHARGED OFFENSES? . THIRD QUESTION PRESENTED FOR REVIEW: "IS A PETITIONER DENIED DUE PROCESS OF LAW WHERE HE RECEIVES INEFFECTIVE ASSISTANCE OF BOTH TRIAL AND APPELLATE COUNSEL, BASED UPON THE FAILURE OF TRIAL COUNSEL TO OBJECT .TO AN ERRONEOUS JURY INSTRUCTION THAT DENIED HIM A FAIR : TRIAL, AND THE FAILURE OF APPELLATE COUNSEL TO RAISE THE ISSUE ON DIRECT APPEAL?