Melanie A. Ogle v. Hocking County Common Pleas Court, et al.
JusticiabilityDoctri
Absence-of-counsel,Sixth-Amendment,Sentencing,Personal-jurisdiction,Subject-matter-jurisdiction,Void-sentence
QUESTION(S) PRESENTED QUESTION 1. In absence of counsel and a waiver of right to counsel during a sentencing hearing, does a state trial court possess “constitutional authority” to sentence a criminal defendant to a term of imprisonment, and order commencement of a term of imprisonment? QUESTION 2. If, a state trial court does not possess “constitutional authority” to sentence a criminal defendant to a term of imprisonment, and order commencement of a term of imprisonment, is such a sentence and/or conviction “void”?. QUESTION 3. In absence of counsel and a waiver of right to counsel during a sentencing hearing, is a state trial court prohibited by the Sixth Amendment to the United States Constitution from sentencing a criminal defendant to a term of imprisonment, and ordering commencement of a term of imprisonment? QUESTION 4. In absence of counsel and a waiver of right to counsel during a sentencing hearing, does a state trial court's state statutory “subject matter jurisdiction” to sentence a criminal defendant to a term of imprisonment and order commencement of a term of imprisonment, override, negate, defeat, or abrogate the prohibition of the Sixth Amendment to the United States Constitution against a state trial court sentencing a criminal defendant to a term of imprisonment, and ordering commencement of a term of imprisonment? QUESTION 5. If, in absence of counsel and a waiver of right to counsel during a sentencing hearing, a state trial court is prohibited by the Sixth Amendment to the United States Constitution from sentencing a criminal defendant to a term of imprisonment, and ordering commencement of a term of imprisonment, is such a sentence and/or conviction “void”? QUESTION 6. Does a state trial court possess “personal jurisdiction” over a criminal defendant to sentence a criminal defendant to a term of imprisonment, and order commencement of a term of imprisonment, when the criminal defendant has objected to the involuntary waiver of her right to counsel and the constitutional unlawfulness of the proceedings, and/or when a sentencing proceeding that includes imprisonment, commences in absolute absence of counsel after the criminal defendant repeatedly declared they had an inability to obtain counsel, that they did not waive their right counsel, and when they did not relinquish, abandon, reject, or refuse to be represented by counsel, or court-appointed counsel? QUESTION 7. If, a state trial court does not possess “personal jurisdiction” over a criminal defendant to sentence a criminal defendant to a term of imprisonment, and order commencement of a term of imprisonment, when the criminal defendant has objected to the involuntary waiver of her right to counsel and the constitutional unlawfulness of the proceedings, and/or when a sentencing proceeding commenced in absolute absence of counsel after the criminal defendant repeatedly declared they had an inability to obtain counsel, that they did not waive their right counsel, and when they did not relinquish, abandon, reject, or refuse to be represented by counsel or courtappointed counsel, is such a sentence and/or conviction “oid?