No. 22-7632

Kristofer D. Garrett v. Ohio

Lower Court: Ohio
Docketed: 2023-05-24
Status: Denied
Type: IFP
IFP
Tags: capital-defendant plain-error-test public-trial sixth-amendment structural-error substantial-rights
Key Terms:
FirstAmendment Punishment
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does a state court finding of structural error, based on a violation of a capital defendant's Sixth Amendment right to a public trial, satisfy the plain-error test's requirement that 'substantial rights' were affected?

Question Presented (OCR Extract)

QUESTION PRESENTED Does a state court finding of structural error, based on a violation of a capital defendant’s Sixth Amendment right to a public trial, satisfy the plain-error test’s requirement that “substantial rights” were affected? i

Docket Entries

2023-10-02
Petition DENIED.
2023-09-11
Reply of petitioner Kristofer Garrett filed. (Distributed)
2023-08-03
DISTRIBUTED for Conference of 9/26/2023.
2023-07-20
Brief of respondent Ohio in opposition filed.
2023-06-15
Motion to extend the time to file a response is granted and the time is extended to and including July 24, 2023 (30-day extension).
2023-06-14
Motion to extend the time to file a response from June 23, 2023 to July 24, 2023, submitted to The Clerk.
2023-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 23, 2023)
2023-03-16
Application (22A824) granted by Justice Kavanaugh extending the time to file until May 22, 2023.
2023-03-14
Application (22A824) to extend the time to file a petition for a writ of certiorari from March 23, 2023 to May 22, 2023, submitted to Justice Kavanaugh.

Attorneys

Kristofer Garrett
Melissa Jo CallaisOffice of the Ohio Public Defender, Petitioner
Melissa Jo CallaisOffice of the Ohio Public Defender, Petitioner
State of Ohio
Seth Luxon GilbertFranklin County Prosecuting Attorney, Respondent
Seth Luxon GilbertFranklin County Prosecuting Attorney, Respondent