Reginald Gibson v. James Haviland, Warden
Whether a criminal defendant is denied due process of law, if the state improperly invokes its res judicata rule for the sake of denying a post-conviction relief petition?
Did the Court of Appeals for the State of Ohio correctly conclude that the Petitioner filed a Motion for Leave to File a Delayed Appeal, after the trial court failed to render its Finding of Facts and Conclusion of Law as mandated by R.C. 2953.21 (C) under the Ohio Constitution?
Whether reasonable jurists would debate if a District Court's determination that the Petitioner has defaulted all constitutional claims asserted in the post-conviction relief petition by failing to comply with the state procedural rule, and not show "cause" and "prejudice" to excuse this default?
Whether a criminal defendant is denied due process of law if the state improperly invokes its res judicata rule