No. 18-6316
Willie Gene Wilks, Jr. v. Ohio
IFP
Tags: burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error
Latest Conference:
2018-12-07
Question Presented (from Petition)
1. Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceedings?
2. Is plain error review appropriate when defective jury instructions relieve the State of its burden of proof, and can a reviewing court rely on that plain error review to determine whether defense counsel's failure to object to the flawed instructions was reasonable?
Question Presented (AI Summary)
Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceedings?
Docket Entries
2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-07
Brief of respondent State of Ohio in opposition filed.
2018-10-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2018)
Attorneys
State of Ohio
Ralph Michael Rivera — Mahoning County Prosecutor's Office, Respondent
Willie G. Wilks, Jr.
Erika Marie LaHote — Office of the Ohio Public Defender, Petitioner