No. 18-5466

Lawrence E. Wilson v. Ohio

Lower Court: Ohio
Docketed: 2018-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment nunc-pro-tunc open-court right-to-counsel sentencing sentencing-requirements sixth-amendment void
Latest Conference: 2018-09-24
Question Presented (from Petition)

WHETHER A TRIAL COURT'S FAILURE TO COMPLY WITH STATUTORY REQUIREMENTS WHEN IMPOSING A SENTENCE RENDERS THE ATTEMPTED SENTENCE VOID.?

WHETHER THE TRIAL COURT'S USE OF NUNC PRO TUNC ORDERS IS LIMITED TO MEMORIALIZING WHAT THE COURT ACTUALLY DID AT AN EARLIER POINT IN TIME?

WHETHER, WHEN A SENTENCE PRONOUNCED IN OPEN COURT IS MODIFIED AND THE JUDGMENT ENTRY REFLECTS THE MODIFICATION, MUST THE MODIFICATION HAVE BEEN MADE IN OPEN COURT IN THE DEFENDANT'S PRESENCE?

WHETHER THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND ARTICLE 1, SECTION 10, OF THE OHIO CONSTITUTION GUARANTEE CRIMINAL DEFENDANT'S THE RIGHT TO COUNSEL AT .ALL "CRITICAL STAGES" OF THE CRIMINAL PROCESS?

WHETHER THE EIGHTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND SECTION 9, ARITCLEI OF THE OHIO CONSTITUTION FORBID EXTREME SENTENCES THAT ARE GROSSLY DISPROPORTIONATE TO THE CRIMES?

Question Presented (AI Summary)

Whether a trial court's failure to comply with statutory requirements when imposing a sentence renders the attempted sentence void

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-31
Waiver of right of respondent Ohio to respond filed.
2018-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2018)

Attorneys

Lawrence E. Wilson
Lawrence E. Wilson — Petitioner
Ohio
Andrew Thomas FrenchMontgomery County Prosecutor's Office, Respondent