No. 22-6346

Robert D. Johnson v. Douglas Fender, Warden

Lower Court: Sixth Circuit
Docketed: 2022-12-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel legal-continuance speedy-trial sufficiency-of-evidence
Key Terms:
DueProcess
Latest Conference: 2023-01-13
Question Presented (AI Summary)

Is it not erroneously factual and a misapplication of law, rule or statute for the state courts and district courts to concur with a continuance that was not made a part of the state court record?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | IS IT NOT ERRONEUOSLY FACTUAL AND A MISAPPLICATION OF LAW, RULE OR STATUE FOR THE STATE COURTS AND DISTRICT COURTS TO CONCUR WITH A CONTINUANCE THAT WAS NOT MADE APART OF THE STATE COURT RECORD?? IS IT STATUTORILY SOUND? IS THIS NOT A DIRECT RESULT OF INEFFECTIVE ASSISTANCE OF COUNSEL NOT TO HAVE RAISED THIS CLAIM ON APPEAL PURSUANT TO THE 6 AND 14 AMENDMENT? DOES NOT THE SPEEDT TRIAL CLOCK RESUME IN ITS RUNNING AFTER A NEW EVENT OR COURT DATE IS ESTABLISHED? IS IT SUFFICIENTLY SOUND TO CONCUR WITH AN INACCURATE FACTUAL FINDING OF GUILT THAT WAS NOT ACHIEVED PERTAINING TO EACH AND EVERY ELEMENT OF THEE OFFENSE CHARGED BY LAW? IS A CITIZEN NOT ACTUALLY INNOCENT, IF FOUND NOT GULITY? DOES NOT INSUFFICENCY OF EVIDENCE LEAD TO ACTUAL INNOCENCE? UNDER THIS CLAIM AM I NOT ENTITLED TO EQUAL PROTECTION PURSUANT TO THE 14 AMENDMENT? | 1

Docket Entries

2023-01-17
Petition DENIED.
2022-12-29
DISTRIBUTED for Conference of 1/13/2023.
2022-12-28
Waiver of right of respondent Douglas Fender to respond filed.
2022-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 19, 2023)

Attorneys

Douglas Fender
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Robert Johnson
Robert D. Johnson — Petitioner