No. 25-5241

Clarence Fry v. Timothy Shoop, Warden

Lower Court: Sixth Circuit
Docketed: 2025-07-30
Status: Denied
Type: IFP
IFP
Tags: capital-trial constitutional-right federal-courts mitigation state-courts waiver
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2025-12-05
Question Presented (AI Summary)

When the undisputed factual record demonstrates the denial of the constitutional right to testify at a capital trial, do federal courts err in affording deference to State courts' contrary findings?

Question Presented (OCR Extract)

I. a. When the undisputed factual record demonstrates the denial of the constitutional right to testify at a capital trial , but the State courts find to the contrary, do the federal courts err in affording deference to the State courts? b. Where there is disagreement among lower courts on the type of error that occurs when the right to testify is denied, as well as on the appropriate way to ensure the vindication of the right, should this Court grant certiorari to establish a uniform understanding and protection of the right? II. a. Is a capital defendant’s waiver of mitigation adequately knowing, intelligent, and voluntary when the waiver is predicated on a fundamental misunderstanding of proceedings and the utter dissolution of the attorney -client relationship ?

Docket Entries

2025-12-08
Petition DENIED.
2025-11-13
DISTRIBUTED for Conference of 12/5/2025.
2025-11-12
Reply of Clarence Fry submitted.
2025-11-12
Reply of petitioner Clarence Fry filed. (Distributed)
2025-10-28
Brief of respondent Timothy Shoop, Warden in opposition filed.
2025-08-18
Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2025.
2025-08-15
Motion of Timothy Shoop, Warden for an extension of time submitted.
2025-08-15
Motion to extend the time to file a response from August 29, 2025 to October 28, 2025, submitted to The Clerk.
2025-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2025)
2025-05-13
Application (24A1090) granted by Justice Kavanaugh extending the time to file until July 28, 2025.
2025-05-09
Application (24A1090) to extend the time to file a petition for a writ of certiorari from May 29, 2025 to July 28, 2025, submitted to Justice Kavanaugh.

Attorneys

Clarence Fry
Sharon Anne HicksOffice of the Federal Public Defender, Petitioner
Timothy Shoop, Warden
Mathura Jaya SridharanOhio Attorney General's Office, Respondent