No. 25-5659

Ohio, ex rel. Ricardo Dodson v. Shelbie Smith, Warden

Lower Court: Ohio
Docketed: 2025-09-16
Status: Denied
Type: IFP
IFP
Tags: double-jeopardy due-process fourteenth-amendment jury-verdict sixth-amendment trial-procedure
Key Terms:
DueProcess FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2025-11-14
Question Presented (AI Summary)

Whether a trial court can correct a jury verdict that announced the wrong name after jury discharge without violating due process or double jeopardy

Question Presented (OCR Extract)

1. Can a trial court correct-Amend a jury's verdict that announced the wrong name upon reading the verdict, upon assenting to the verdict on polling, and after the jury has been discharged? Or, did the trial court loose jurisdiction to correct-amend the verdict upon discharging of the jury? 2. Whether Petitioner conviction, sentence, and imprisonment is unlawful where the jury reached a guilty verdict against the wrong party and not Petitioner, announced the wrong name during the reading of the verdict, assented to the wrong name during jury polling, then discharged without correcting the verdict error finding the wrong party guilty? 3. Where the jury verdict form incorrectly listed the wrong name, and that wrong name was announced in open court during the reading of the verdict, and the jury assented to the incorrect name, polled on the incorrect name, and the judge accepted the jury verdict, then discharged the jury without correcting the verdict, did the trial court error when it overruled the verdict, found petitioner guilty, and imposed a sentence? 4. Whether the trial court's Correction of a Verdict, after the jury had been discharged, by switching it from Ricardo Jackson to Ricardo Dodson to Correct an Error made by the Jury where they assented to the wrong name on the Verdict Form and assented to the wrong name during jury polling, Violates the Double Jeopardy Clause? 5. Whether State law allowing the trial judge to enter a judgment of conviction during jury trial where the jury failed to render a proper guilty verdict prior to being discharged abridge privileges or immunities of citizens of United States within meaning of Fourteenth Amendment? 6. Whether it was error for the trial court to enter a finding of guilt when, by error, the jury did not make a finding of guilty against Petitioner before being discharged? 7. Where the jury verdict forms was misread during the reading of the jury verdict, announcing the wrong name of the party standing trial, and the jury assented to the misread version of its verdict, then discharged without correcting the misread verdict, does the misread verdict constitute the final verdict? 8. Where the jury failed to reach a verdict finding petitioner guilty on any counts of the indictment due to error, and discharged without reaching a verdict or correcting the verdict error, does the trial court have authority to enter a guilty verdict on behalf of the jury? 2 9. Whether Petitioner was denied his Sixth Amendment Right to a trial by jury when the trial discharged the jury without the jury rendering a guilty verdict against Petitioner, then entered guilty verdicts on behalf of the jury? 10. Whether the Petitioner was denied fourteenth Amendment Due process Protection when the trial court accepted the guilty verdicts on all counts despite the fact that the verdict forms and the open reading of the verdicts contained the wrong name of the Defendant standing trial? 11. Whether Petitioner was acquitted on all charges once the jury was discharged, without his Petitioner's consent, without reaching a verdict? 12. Whether the trial court's judgment of conviction and sentence placed Petitioner in jeopardy twice for the same offense in violation of the Fifth Amendment ? 13. Did the trial court make fraudulent misrepresentation when it submitted public record journal entry of conviction stating that the jury found Petitioner, Ricardo Dodson, guilty of all counts? 14. When the journal entry of conviction and sentence does not accurately reflect what transpired during trial, is the erroneous journal entry record constitute a fraudulent document? The Court ’s duty to resolve this matter is particularly compelling, because we are the only court authorized to do so. See r*12031 State Oil Co. v. Khan. 522 U.S. 3, 20, 118 S. Ct, 275, 139 L, Ed, 2d 199 (1997j LIST OF ALL PARTIES 1. Ricardo Dodson, Petitioner 2. Shelbie Smith, Warden, Respondent 3 RELATED CASES State ex rel. Dodson v. Gray, 2024-Ohio-2766

Docket Entries

2025-11-17
Petition DENIED.
2025-10-30
DISTRIBUTED for Conference of 11/14/2025.
2025-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2025)

Attorneys

OH, ex rel. Dodson, Ricardo
Ricardo Dodson — Petitioner