When the Supreme Court of Ohio "sidestepped," & refused to enforce the protection &
privileges of the 5th, 6th, & 14th Amend, to the U.S. Constitution: "stealthy encroachment." The
Court denied the Petitioner's Motion For Reconsideration Memorandum In Support, on
December 29, 2020, Unpublished Opinion: State v. Smith, 2020 Ohio Lexis 2925, Appendix A;
160 Ohio St. 3d 1449, 2020-Ohio 2463, Appendix B; 156 N.E. 3d 918.[*1]; State v. Smith,
2020 Ohio App. Lexis 2223, Appendix C; Appendix F: (Tr. 448-449); Appendix G: (Tr.
467-468,469-470).

The Petitioner has given The Supreme Court of Ohio, Appendix A & B; The First
Appellate District Court (Hamilton C-l90289); and Appendix I; a chance to correct the
miscarriage of justice. The Supreme Court of Ohio can not claim before the United States
Supreme Court, they did not have a chance to correct. The Petitioner "Actual Innocent";
Jurisdictional deficiency, "stealthy encroachment." See Murray v. Carrie, 477 U.S. 478, 495
106 S.Ct. 2639, 91 L. Ed. 2d 397 at Syllabus [***9]; Elberhart v. United States (2005), 546
U.S. 12, at Syllabus HN3; Kontrick v. Ryan (2004), 540 U.S. 443, 455; Mapp, supra at HN6.

During the trial, the State's Prosecutor: Joseph Deters and Mike Allen (Former),
the State's Prosecutor; returned its own indictment using "Criminal Prosecutor, herein
Information", and Crim. R. 7(D). This denied the Petitioner's enforcement and protection
provided by the Bill of Rights and Privileges: 5th, 6th, and 14th Amendments, Due Process of
Law, to the United States Constitution. This was a matter of "Stealthy Encroachment " which is
forbidden by The United States Constitution and all United States Supreme Court Precedents,
Appendix F: (Tr. 448-449); Appendix G: (Tr. 467-468,469-470).

The Petitioner at trial was charged with multiple offenses, but not in a one-count
indictment . First: R.C. 2903.02(B): Felony Murder with specification;

See Judgement Journal Entry, Appendix H. Second: Federal Felony Weapon offense:
Threatening, Mr. Spikner, a private citizen with a gun, while in his garage in the City of
Cincinnati, Ohio. The Common Pleas Court Sua Sponte Motion: disallowed; the State's
Prosecutor "conceded;" and the Defense Counsel "objected,"Appendix F: (Tr. 448-449).

The United States Supreme Court stated: when constitutional rights turn on the resolution
of a factual dispute, The U.S. Supreme Court is "duty-bound to make

Whether the Supreme Court of Ohio violated the Petitioner's constitutional rights under the 5th, 6th, and 14th Amendments by refusing to enforce their protections