No. 23-979

Gerald D. Fields v. Jay Forshey, Warden

Lower Court: Sixth Circuit
Docketed: 2024-03-06
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: faretta-colloquy fundamental-fairness habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sentencing-procedure structural-error
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-04-12
Question Presented (AI Summary)

When a state trial court fails to conduct a Faretta colloquy before sentencing a defendant without counsel, is appellate counsel ineffective for failing to raise the issue on direct appeal?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When a state trial court fails to conduct a Faretta colloquy before sentencing a defendant without counsel—a fundamentally unfair structural error that would require automatic reversal—is appellate counsel ineffective for failing to raise the issue on direct appeal? 2. When a habeas petitioner asserts ineffective assistance of counsel resulting in a fundamentally unfair structural error (such as deprivation of the right to counsel at sentencing), must that petitioner also demonstrate actual prejudice, even when doing so is inherently impossible?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-20
DISTRIBUTED for Conference of 4/12/2024.
2024-03-12
Waiver of right of respondent Jay Forshey to respond filed.
2024-03-04
2023-12-18
Application (23A558) granted by Justice Kavanaugh extending the time to file until March 3, 2024.
2023-12-14
Application (23A558) to extend the time to file a petition for a writ of certiorari from January 3, 2024 to March 3, 2024, submitted to Justice Kavanaugh.

Attorneys

Gerald Fields
Andrew Stuart PollisMilton and Charlotte Kramer Law Clinic Center, Petitioner
Andrew Stuart PollisMilton and Charlotte Kramer Law Clinic Center, Petitioner
Jay Forshey
Michael Jason HendershotOhio Attorney General's Office, Respondent
Michael Jason HendershotOhio Attorney General's Office, Respondent