No. 19-6810

Duane Gregley v. Douglas Fender, Warden

Lower Court: Sixth Circuit
Docketed: 2019-12-03
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability constitutional-challenge due-process firearm-specification habeas-corpus ineffective-assistance-of-counsel jury-verdict res-judicata sentencing sixth-amendment
Latest Conference: 2020-02-21
Question Presented (from Petition)

I. WHETHER THERE IS PRETENSE THAT THE STATUTES AND LAWS OF THE STATE UNDER WHICH MR. GREGLEY IS CONVICTED OF, ARE REPUGNANT TO THE CONSTITUTION AND LAWS OF THE UNITED STATES?

A. Whether the failure to conduct a de novo sentencing hearing violated Mr. Gregley's right to due process?

B. Whether the resentencing of post release control resets the one-year statute of limitation to file a writ of habeas corpus under 28 U.S.C.§ 2241(d)(1)?

C. Whether Ohio's doctrine of res judicata which presupposes a valid final judgment is sufficient to bar a challenge to a conviction where the sentence was void?

D. Whether the Sixth Circuit erred by denying claims on grounds not presented by the Appellee?

E. Whether, in the interest of justice, the Sixth Circuit Court of Appeals should have granted a certificate of appealability where Mr. Gregley presented a substantial showing of a constitutional right, and jurists of reason could have debated the issues presented in a different manner?

F. Whether Mr. Gregley's conviction is valid where the jury verdict of two counts of aggravated murder is contrary to law where the jury failed to find elements of the offense and the findings in the verdict form does not constitute the offense?

G. Whether Mr. Gregley's conviction is valid where the jury verdict of attempted aggravated murder is contrary to law; where the jury failed to find all essential elements of the offense; and where the findings in the verdict form does not constitute the offense?

H. Whether Mr. Gregley's conviction is valid where the trial court sentenced him to a three-year mandatory term for the firearm specification under Ohio Revised Code R.C. § 2941.145, where Mr. Gregley was indicted for a six-year firearm specification pursuant to R.C. § 29241.44?

I. Whether Mr. Gregley was denied his right to effective assistance of counsel at trial when trial counsel failed to file a motion to suppress witness identification in violation of the Sixth and Fourteenth Amendments to the United States Constitution?

Question Presented (AI Summary)

Whether there is pretense that the statutes and laws of the state under which Mr. Gregley is convicted of, are repugnant to the Constitution and laws of the United States?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Duane Gregley
Duane Gregley — Petitioner