No. 21-8143

Marcus Branch v. Ohio

Lower Court: Ohio
Docketed: 2022-06-15
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-offense criminal-procedure double-jeopardy due-process parole parole-board sentencing separation-of-powers
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Was the double-jeopardy clause violated?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW: WAS THE “DOUBLE JEOPARDY’ CLAUSE VIOLATED WHEN I WAS SENTENCED THREE TIMES FOR THE EXACT SAME OFFENSE I'M HERE FOR | NOW PURSUANT TO USCS CONSTITUTION, AMENDMENT 5? SECOND QUESTION PRESENTED FOR REVIEW: WILL IT BE PROVEN THAT MY CASE IS UNCONSTITUTIONAL BECAUSE IT VIOLATES THE DOCTRINE OF THE SEPERATION OF POWERS BECAUSE IT ALLOWED A NON-JUDICIAL AGENCY (THE PAROLE BOARD) TO PERFORM THE JUDICIAL FUNCTION OF TRYING AN INDIVIDUAL FOR A CRIMINAL OFFENSE AND IMPOSING SENTENCE? THIRD QUESTION PRESENTED FOR REVIEW: WHERE MY DUE PROCESS RIGHTS VIOLATED BECAUSE I WAS ARRESTED FOR THE CRIME ON SEPTEMBER 3, 2019. AND I DIDN’T GET ARRAIGNED FOR | IT UNILL FEBRUARY 25, 2020? (WHEN I GOT ARRESTED: THEY WAITED FOR | PAROLE TO IMPOSE A SENTENCE FIRST BEFORE ARRAIGNING ME) FOURTH QUESTION PRESENTED FOR REVIEW: IS THERE PROOF THAT I'VE ALREADY PREVIOUSLY SERVED PRISON TIME FOR THIS EXACT SAME CASE THAT 'M HERE FOR ALREADY? FIFTH QUESTION PRESENTED FOR REVIEW: | | . | WERE MY CONSTITUTIONAL RIGHTS VIOLATED? OR DOES THIS CASE ALIGN ITSELF WITH: OHIO CONSTITUTION, ARTICLE 1, SECTION 10; OHIO REVISED CODE ANNOTATED 2941.25; CRIMINAL RULE 7 (D); OR OHIO REVISED CODE ANNOTATED 2967.11? | | | | | | ii

Docket Entries

2022-10-03
Petition DENIED.
2022-07-28
DISTRIBUTED for Conference of 9/28/2022.
2022-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2022)

Attorneys

Marcus Branch
Marcus Branch — Petitioner
Marcus Branch — Petitioner