No. 22-7395

Gudonavon J. Taylor v. Ohio

Lower Court: Ohio
Docketed: 2023-04-28
Status: Denied
Type: IFP
IFP
Tags: brady-rule burden-of-proof constitutional-rights due-process fundamental-fairness juvenile-offender juvenile-offenders perjured-testimony presumption-of-innocence
Key Terms:
AdministrativeLaw DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

whether-the-procedure-rule-under-crim.r.-33(b)-should-be-deemed-oppressive-and-arbitrary-for-juvenile-offenders

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Whether the procedure rule under Crim.R. 33(B) should be deemed oppressive and arbitrary for juvenile offenders? (2) Whether a juvenile offender's rights to fundamental fairness and due process as guaranteed by the United States Constitution are violated when a court refused to adjudicate the merits of his alleged constitutional violations that permeated his entire trial to his prejudice? (8) Whether the Brady rule applies when the record demonstrates by clear and convincing evidence the State knowingly used perjured testimony to procure a defendant’s conviction? (4) Whether courts are constitutionally obligated to review a defendant’s allegation that the State knowingly used perjured testimony to procure his conviction, once his conviction has become final? (5) Whether the constitution requires a criminal defendant, whose conviction has become final, be granted a new trial when the record demonstrates by : clear and convincing evidence the State knowingly used perjured testimony to procure his conviction? . (6) Whether courts are constitutionally obligated to review a defendant’s allegation that the trial court violated his constitutional rights to the : presumption of innocence and due process when it instructed the jury he had the burden to prove the defense of alibi beyond a reasonable doubt : before he could be found not guilty? (7) Whether a shift in the burden of proof of an essential element of the crime rises to constitutional proportions that renders a trial fundamentally unfair? (8) Whether a defendant’s right to the presumption of innocence and due process as guaranteed by the United States Constitution are violated when a trial court instructs a jury that a defendant must prove the defense of alibi beyond a reasonable doubt before he can be found not guilty? (9) Whether clarification of existing law by the judiciary applies retroactively on collateral review? . (10) Whether a defendant’s rights to due process and the equal protection of the law and due process, as guaranteed by the United States Constitution, are : i \ violated when he is not afforded the protections provided by law as clarified by the judiciary to a class of offenders? :

Docket Entries

2023-10-02
Petition DENIED.
2023-06-15
DISTRIBUTED for Conference of 9/26/2023.
2023-04-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2023)

Attorneys

Gudonavon J. Taylor
Gudonavon J. Taylor — Petitioner