No. 22-5774

Dajuan L. Banks v. Ohio

Lower Court: Ohio
Docketed: 2022-10-05
Status: Denied
Type: IFP
IFP
Tags: court-of-record evidence-forgery forged-document fourth-amendment judicial-record record res-judicata search-warrant
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-12-02
Question Presented (AI Summary)

Are the rights protected under the Fourth Amendment offended where a search warrant affidavit and warrant were not entered on the record?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) ARE THE RIGHTS PROTECTED UNDER THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION OFFENDED WHERE AN AFFIDAVIT IN SUPPORT OF THE ISSUANCE OF A SEARCH WARRANT, AND THE SEARCH WARRANT ITSELF, HAVE NEVER BEEN ENTERED ON THE RECORD?? 2) CAN EVIDENCE THAT A JUDGE’S SIGNATURE WAS FORGED ON A LEGAL | DOCUMENT, A SEARCH WARRANT, BE DEFEATED BY THE DOCTRINE OF RES JUDICATA?? | | +The United States Court of Appeals, for the Sixth Circuit, recognized in United States v. Adkins that: “7 An Ohio] court of record speaks only through its journal entries.’). See also Schenley v. Kauth, 160 Ohio St. 109, 111, 113 N.E.2d 625, 626 [*568] (1953) (‘A court of record speaks only through its journal and not by oral pronouncement or mere written minute or memorandum.’) ‘Were the rule otherwise it | would provide a wide field for controversy as to what the court actually decided.’ Indus. Comm'n of Ohio | v. Musselli, 102 Ohio St. 10, 15, 130 N.E. 32, 18 Ohio L. Rep. 457 (1921).” Id. at 729 F.3d 559, 567-68 | (2013). See, also, Smith v. Smith, 103 Ohio St. 391,396 (1921) (“Section 11604, General Code, provides | that all judgments and orders must be entered on the journal of the court and specify clearly the relief | granted or order made in the action. All

Docket Entries

2022-12-05
Petition DENIED.
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2022)

Attorneys

Dajuan L. Banks
Dajuan L. Banks — Petitioner
Dajuan L. Banks — Petitioner