No. 22-6599

Herman Harris, Jr. v. Ohio, et al.

Lower Court: Ohio
Docketed: 2023-01-23
Status: Denied
Type: IFP
IFP
Tags: criminal-statute due-process legislative-intent liberty-interest life-imprisonment parole parole-discretion sentencing sentencing-ambiguity statutory-interpretation vagueness
Key Terms:
DueProcess Copyright
Latest Conference: 2023-03-24
Question Presented (AI Summary)

Question not identified

Question Presented (from Petition)

QUESTION(S) PRESENTED ; 1.When the State of Ohio Legislatures/The Ohio General Assembly had failed to drafted with reasonably clarity the precise number of years that equals/totals a maximum sentence being served by incarceration combined with parole supervision, with a sentence phrased “To Life” imprisonment for an offender convicted of Murder, or Murder as a lesser included offense, (Ohio Revised Code § 2903.02, Ohio Revised Code §§ 2945.74 Defendant may be convicted of lesser included offense; and Criminal Rule 31 (C) Verdict/Conviction of lesser offense) when the requested relief (parole) has been granted, and, the Ohio Dept. of Rehab. & Correction Adult Parole Authority has granted a parolee his/her final release pursuant to Ohio Revised Code §§ 2967.16 (A) Final release of paroled prisoner has a legi slative decision been performed by the _ Ohio Dept. of Rehab. & Correction Adult Parole Authority defining the maximum number of years that equals/totals a maximum sentence with the phrase “To Life” imprisonment for the conviction of murder/murder as a lesser included offense being served in full by incarceration combined with parole supervision? Petitioner answer yes. 2.When the State of Ohio Legislatures/The Ohio General Assembly had failed to drafted with reasonably clarity the precise number of years that equals/totals a maximum sentence being served by incarceration combined with parole supervision, with a sentence phrased “To Life” imprisonment for an offender convicted of Murder, or Murder as a lesser included offense, (Ohio , Revised Code § 2903.02, Ohio Revised Code §§ 2945.74 Defendant may be convicted of lesser included offense; and Criminal Rule 31 (C) Verdict/Conviction of lesser offense) when the requested relief (parole) has been granted, and, the Ohio Dept. of Rehab. & Correction Adult §Parole Authority has granted a parolee his/her final release pursuant to Ohio Revised Code §§ 2967.16 (A) Final release of paroled prisoner has a legislative decision been performed by the Ohio Dept. of Rehab, & Correction Adult Parole Authority defining the maximum number of years that equals/totals a maximum sentence with the phrase “To Life” imprisonment for the conviction of murder/murder as a lesser included offense being served in full by incarceration combined with parole supervision, providing an offender with a created liberty interest pursuant in the state statute of Ohio Revised Code §§ 2901.04 (A) Rules of construction? Petitioner answer yes. , 3.When the State of Ohio Legislatures/The Ohio General Assembly had failed to drafted with reasonably clarity the precise number of years that equals/totals a maximum sentence being ; served by incarceration, with a sentence phrased “To Life” imprisonment for an offender convicted of Murder, or Murder as a lesser included offense, (Ohio Revised Code § 2903.02, Ohio Revised Code §§ 2945.74 Defendant may be convicted of lesser included offense; and Criminal Rule 31 (C) Verdict/Conviction of lesser offense) when the requested relief (parole) has been denied to an offender, by the Ohio Dept. of Rehab. & Correction Adult Parole Authority/Parole Board the offender’s maximum sentence phrased “To Life” imprisonment has i . the potential of becoming a natural life prison sentence, because the State of Ohio Legislatures/ . The Ohio General Assembly had failed to drafted with reasonably clarity the precise number of years that equals/totals a maximum sentence being served by incarceration when the requested : relief (parole) has been denied. Therefore, any continuance of a future parole board hearing that _affect future liberty of an offender violates Ohio Bill of Rights: Article II, §§ 1? Petitioner answer yes. 4.When the State of Ohio Legislatures/The Ohio General Assembly has drafted a sentencing/penalty statute, (Ohio.Revised Code §§ 2929.02 Penalties for aggravated murder or murder; Ohio Revised Code §§ 2929.03 Imposing sentence for aggravated murder) using a catch phrase “Eor Li

Docket Entries

2023-03-27
Petition DENIED.
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2022-11-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2023)

Attorneys

Herman Harris
Herman Harris Jr. — Petitioner
Herman Harris Jr. — Petitioner