No. 18-5148

Marcus Blalock v. Ohio

Lower Court: Ohio
Docketed: 2018-07-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence appellate-review confrontation-clause due-process law-of-case law-of-the-case new-evidence new-trial newly-discovered-evidence prosecutorial-misconduct right-to-due-process
Latest Conference: 2018-09-24
Question Presented (from Petition)

WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN THE TRIAL COURT FAILED TO FOLLOW THE LAW OF THE CASE DOCTRINE FROM A PREVIOUS APPEAL IN THE SAME CASE.

WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN THE COURT RULED THAT THE INFORMATION CONTAINED IN HIS MOTION FOR NEW TRIAL DID NOT CONSTITUTE NEW EVIDENCE. THIS SAME EVIDENCE WAS ALREADY CONSIDERED NEWLY DISCOVERED IN A PRIOR COURT OF APPEALS DECISION IN THEIR REVERSE AND REMAND IN THE SAME CASE.

WHETHER PETITIONER WAS DENIED HIS RIGHT TO DUE PROCESS OF LAW; WHEN HE WAS NOT AWARDED A NEW TRIAL BASED ON THE FACT, THAT HE HAD PROVEN THAT HE WAS ACTUALLY AN INNOCENT PERSON.

WHETHER THE MISCONDUCT BY THE PROSECUTING ATTORNEY REQUIRES THAT PETITIONER SHOULD BE AWARDED A NEW TRIAL.

Question Presented (AI Summary)

Whether petitioner was denied his right to due process when the trial court failed to follow the law of the case doctrine from a previous appeal, denied his motion for new trial based on newly discovered evidence, and denied him a new trial despite proving his actual innocence

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-07
Waiver of right of respondent Ohio to respond filed.
2018-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)
2018-05-02
Application (17A497) granted by Justice Kagan extending the time to file until June 30, 2018.
2018-04-24
Application (17A497) to extend the time to file a petition for a writ of certiorari from May 1, 2018 to June 30, 2018, submitted to Justice Kagan.

Attorneys

Marcus Blalock
Marcus Blalock — Petitioner
Ohio
Daniel Tuyen VanCuyahoga County Prosecutor's Office, Respondent