No. 21-7709
IFP
Tags: cruel-and-unusual-punishment direct-appeal ineffective-assistance-of-counsel res-judicata sentencing sentencing-error statutory-authority statutory-authorization
Key Terms:
DueProcess Punishment
DueProcess Punishment
Latest Conference:
2022-09-28
Question Presented (AI Summary)
Whether res judicata may bar correction of a sentence of 'natural life' that does not exist and is not authorized by statute, which constitutes cruel and unusual punishment because it was not assigned as error on initial direct appeal due to ineffective assistance of appointed appellate counsel?
Question Presented (OCR Extract)
QUESTION PRESENTED FOR REVIEW: I. WHETHER RES JUDICATA MAY LIE TO BAR CORRECTION OF A SENTENCE OF "NATURAL LIFE” THAT DOES NOT EXIST | AND IS NOT AUTHORIZED BY STATUTE, WHICH | CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT BECAUSE | IT WAS NOT ASSIGNED AS ERROR ON INITIAL DIRECT APPEAL DUE TO INEFFECTIVE ASSISTANCE OF APPOINTED APPELLATE COUNSEL? -i |
Docket Entries
2022-10-03
Petition DENIED.
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-05-31
Brief of respondent Ohio in opposition filed.
2022-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2022)
Attorneys
David C. Morris
David C. Morris — Petitioner
State of Ohio
Jacquenette Susanne Corgan — Summit County Prosecutor's Office, Respondent