No. 21-6797
Response WaivedIFP
Tags: constitutional-deprivation criminal-procedure critical-stage due-process equitable-tolling exceptional-case habeas-corpus ineffective-assistance ineffective-assistance-of-counsel right-to-counsel
Key Terms:
AdministrativeLaw DueProcess Takings HabeasCorpus JusticiabilityDoctri
AdministrativeLaw DueProcess Takings HabeasCorpus JusticiabilityDoctri
Latest Conference:
2022-02-18
Question Presented (AI Summary)
Whether a person denied counsel at a critical stage and received ineffective assistance on first appeal has been unconstitutionally deprived of liberty
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. WHETHER, A PERSON WHO HAS BEEN DENIED THE ASSISTANCE OF COUNSEL AT A CRITICAL STAGE OF THE TRIAL PROCEEDINGS AND RECEIVED THE INEFFECTIVE ASSISTANCE OF COUNSEL FOR THE FIRST APPEAL AS OF RIGHT HAS BEEN UNCONSTITUTIONALLY DEPRIVED OF HIS LIBERTY? 2. WHETHER, THIS CASE IS AN EXCEPTIONAL CASE WHERE THE EVIDENCE WEIGHS HEAVILY AGAINST THE CONVICTION? 3. WHETHER, THE PETITIONER IS ENTITLED TO EQUITABLE TOLLING? 4. DOES THE DOCTRINE OF RES JUDICATA APPLY IN THIS CASE? i
Docket Entries
2022-02-22
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8.
2022-02-08
Waiver of right of respondent Malcolm Heard to respond filed.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2021-12-14
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
Attorneys
Malcolm Heard
Michael Jason Hendershot — Ohio Attorney General's Office, Respondent
Michael Jason Hendershot — Ohio Attorney General's Office, Respondent