Juan Ramone Lopez v. Jeff Noble, Warden
SHOULD A PERSON'S MISREPRESENTATION OF HIS AGE AT THE TIME OF HIS ARREST OR THE PERSON'S BIRTH COMPLETE ERASE HIS DATE OF BIRTH IN A COURT OF LAW?
II. SHOULD A FOREIGN NATIONAL, WHO MISREPRESENTED HIS AGE AT THE TIME OF HIS ARREST, AND WITH THE STATE COURTS HAVE HELD THAT THE PROSECUTION HAS BEEN UNABLE TO ESTABLISH HIS DATE OF BIRTH WITH CERTAINTY, BE COUNTED TO BE PENALIZED IN THE STATE COURTS EVEN AFTER HE PROVIDED HIS BIRTH CERTIFICATE TO THE COURTS AND HIS BIRTH CERTIFICATE ESTABLISHES THAT HE WAS A JUVENILE AT THE TIME OF THE OFFENSES?
III. WHEN STATE COURTS WHEN AN ADVERSE JUDGMENT PRECLUDES A HABEAS CORPUS AND THE HABEAS COURT ACKNOWLEDGE IN ITS OPINION THAT THE TRIAL COURT, PROSECUTION AND STATE'S EVIDENCE COULD NOT ESTABLISH THE PETITIONER'S BIRTHDATE WITH CERTAINTY, AND THE HABEAS CLAIM IS BASED ON THE PETITIONER'S AGE AT THE TIME OF THE OFFENSE, SHOULD THE PETITIONER'S BIRTH CERTIFICATE BE THE ULTIMATE TOOL TO ESTABLISH HIS BIRTHDATE?
IV. WHEN THE STATE IS UNABLE TO ESTABLISH A FOREIGN NATIONAL'S DATE OF BIRTH WITH CERTAINTY TO A COURT OF LAW, SHOULD THE FOREIGN NATIONAL'S BIRTH CERTIFICATE ESTABLISH HIS DATE OF BIRTH?
V. SHOULD A HABEAS CORPUS PETITION, THAT WAS SUA SPONTE DISMISSED WITHOUT A HEARING, WITHOUT THE COURT MAKING ANY FINDINGS OF FACTS OR ANY CONCLUSIONS OF LAW AND WITH NO PREJUDICE, PRECLUDE A PERSON FROM REFILING THE PETITION?
VI. SINCE OHIO LAW DOES NOT ALLOWS A HABEAS CORPUS WHEN THERE IS ADEQUATE REMEDY AT LAW, AND AFTER THE REMEDY WAS SOUGHT AND WAS PROVED TO BE INADEQUATE AND INEFFECTIVE, SHOULD RES JUDICATA PRECLUDE THE CONSTITUTIONAL PRIVILEGE TO FILE A WRIT OF HABEAS CORPUS?
VII. SHOULD A PETITION FOR PAST CONVICTION RELIEF FILED BY A TRIAL COURT (HABEAS) OR, BY CONSTITUTIONAL PRIVILEGE TO THE STATE HABEAS CORPUS?
VIII. SHOULD A STATE'S VERSION OF HABEAS CORPUS MIRROR OR MINIMIZE THE FEDERAL VERSION OF HABEAS CORPUS?
IX. IS UNEQUAL PROTECTION OF THE LAW AND UNEQUAL TREATMENT WHEN STATE COURTS DO NOT APPLY THE SAME LAW PRINCIPLE AND DO NOT GIVE THE SAME TREATMENT TO FOREIGN NATIONALS AS THE STATE COURTS DO TO U.S. NATIONALS WHEN BOTH PRESENTED THE SAME FACTS AND CLAIMS?
X. IS THE OHIO HABEAS CORPUS STATUTE IN CONFLICT WITH U.S. LAW BY LIMITING THE GRANTING OF HABEAS IN CASES WHERE THE SENTENCING COURT LACKS COMPLETE JURISDICTION?
XI. IS THE OHIO VERSION OF HABEAS CORPUS A SUSPENSION OF THE WRIT OR DOES IT VIOLATE THE CONSTITUTION AND U.S. LAW BY NOT ALLOWING A PERSON TO RAISE THE CLAIM THAT HE IS IN CUSTODY IN VIOLATION OF THE U.S. CONSTITUTION AND U.
Whether a person's misrepresentation of his age at the time of arrest or the person's birth date in a court of law should be considered