No. 23-6171

Patrick Henry Hill, II v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-12-06
Status: Denied
Type: IFP
IFP
Tags: actual-innocence criminal-jurisdiction criminal-procedure forensic-pathology medical-examiner medical-examiners shaken-baby-syndrome veterans veterans-jurisdiction
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Whether Oklahoma Courts can exercise criminal jurisdiction over veterans detained in state custody based on state medical examiners' opinions when federal law provides for a forensic pathology investigation by the Armed Forces Medical Examiner

Question Presented (OCR Extract)

QUESTIONS PRESENTED | Veterans, to include active duty service members and family members that are stationed in the continental United States at installations garrisoned by units of i; the armed forces under the exclusive jurisdiction of the United States, oftentimes | reside in adjacent local communities outside the installation. Veterans, after ' ' completion of service, oftentimes reside in adjacent local communities, but seek | health care at medical facilities on the installation. | ae 1. Whether Oklahoma Courts, under state law, can properly exercise criminal : jurisdiction involving a “separable controversy”, over Veterans detained in i state custody, based on opinions of state medical examiners where state | medical examiners are without jurisdiction to conduct a forensic pathology investigation, whereas federal law provides for a complete forensic pathology : investigation by the Armed Forces Medical Examiner. . | 2. Whether the Oklahoma Court of Appeals’ legal analysis regarding claims of actual innocence comport with the Supreme Court of the United States ‘ holding in House v. Bell, 547 U.S. 518, 126 S. Ct. 2064, 165 L. Ed. 2d 1 (2006). 3. Whether a state district court’s decisions to rely on evidence regarding shaken baby syndrome—a proven unreliable science—to deny post-conviction : relief, require the OCCA to conduct plain error review of district court’s decision to rely on said evidence to uphold a conviction when a reliability hearing is not conducted. ‘ @ e e Nothing Follows eee ; oboe ee .

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2023-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2024)

Attorneys

Patrick H. Hill, II
Patrick Henry Hill, II — Petitioner