Kenan Ivery v. Ohio
DueProcess
IS A PETTIONER DENIED DUE PROCESS AND EQUAL PROTECTION OF THE LAW WHEN A STATE JUDICIARY REFUSES-AGAINST COMMON SENSE, REASON, LEGISLATIVE INTENT AND THE DECISION OF THIS COURT-TO ACKNOWLEDGE THAT "FEAR," EVEN THE FEAR OF DEATH, IS A PASSION, WHICH DEPRIVED THE PETITIONER FROM ASSERTING A COMPLETE DEFENSE AND PREVENTED THE PROSECUTION FROM HAVING TO PROVE BEYOND A REASONABLE DOUBT THE ABSENCE OF THE HEAT OF PASSION ON SUDDEN PROVOCATION WHEN THE ISSUE WAS PROPERLY PRESENTED IN A HOMICIDE CASE?
Is a petitioner denied due process and equal protection when a state judiciary refuses to acknowledge that 'fear' is a passion that deprived the petitioner from asserting a complete defense and prevented the prosecution from proving the absence of heat of passion on sudden provocation?