No. 23-6706

Ohio, ex rel. Lonnie Rarden v. Court of Common Pleas of Ohio, Butler County, et al.

Lower Court: Ohio
Docketed: 2024-02-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure faretta-v-california fundamental-error johnson-v-zerbst law-of-the-case res-judicata right-to-counsel sixth-amendment trial-court-jurisdiction waiver-of-counsel
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Does this Court no longer recognize the right to counsel under Johnson v. Zerbst?

Question Presented (OCR Extract)

QUESTIONS PRESENTEDN FOR REVIEW 1. Does this Court no longer recognize this Court's long standing precedent in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938), that a violation of right to counsel, either entirely or during a critical phase of the proceeding as an error divesting the trial court of jurisdiction? 2. Does a trial court violate a defendant's six amendment right when it fails to conduct a Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed. 2d 399 (1976), hearing at each stage? 3. Does a waiver of counsel at one stage of a proceedings continue or carry over to each subsequent stages of a case unless it is expressly revoked by the defendant? 4. Does res judicata apply to a sixth amendment violation of right to counsel? 5. Does law of the case doctorine apply when the Ohio Supreme Court relies upon Johnson v. Zerbst in 2021 and then in 2023 over turns the 2021 case without any new rulings from this Court to over turn that case? i LIST OF ALL PARTIES All parties do not appear in the caption of the case on the cover page. A list of all

Docket Entries

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-03-01
Waiver of right of respondent Butler County (Ohio) Common Pleas Court to respond filed.
2023-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2024)

Attorneys

Butler County (Ohio) Common Pleas Court
John C. HeinkelOffice of the Prosecuting Attorney, Butler County , Respondent
Lonnie Rarden
Lonnie Rarden — Petitioner