No. 18-8057
IFP
Tags: capital-defense capital-punishment death-penalty death-row effective-assistance-of-counsel ineffective-assistance ineffective-assistance-of-counsel mitigation mitigation-evidence plea-bargaining sixth-amendment
Latest Conference:
2019-05-09
Question Presented (from Petition)
1. Is a capital defendant's Sixth Amendment right to the effective assistance of counsel violated where, but for counsel's intervention and unfounded assurances, defendant would have accepted a plea and avoided the death penalty?
2. Is a capital defendant's Sixth Amendment right to effective counsel violated when his counsel advised him, after virtually no investigation into either his background or the applicable law, to waive his right to present mitigating evidence to the jury?
Question Presented (AI Summary)
Whether a capital defendant's Sixth Amendment right to the effective assistance of counsel is violated where, but for counsel's intervention and unfounded assurances, the defendant would have accepted a plea and avoided the death penalty
Docket Entries
2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-19
Reply of petitioner Duane Short filed.
2019-04-11
Brief of respondent State of Ohio in opposition filed.
2019-03-27
Motion to extend the time to file a response is granted and the time is extended to and including April 15, 2019.
2019-03-25
Motion to extend the time to file a response from March 25, 2019 to April 14, 2019, submitted to The Clerk.
2019-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)
Attorneys
Duane Short
Erika Marie LaHote — Office of the Ohio Public Defender, Petitioner
State of Ohio
Andrew Thomas French — Montgomery County Prosecutor's Office, Respondent