No. 20-5169

Randy A. Thomas v. Ohio

Lower Court: Ohio
Docketed: 2020-07-24
Status: Denied
Type: IFP
IFP
Tags: developmental-delay fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel low-iq mental-capacity self-defense sixth-amendment social-security
Latest Conference: 2020-09-29
Question Presented (from Petition)

Ohio places the burden of proof and persuasion in a self defense case on the person asserting self defense. A person's state of mind is relevant in a self defense case. A life long history of developmental delay issues, very low I Q scores and Social Security disability records are relevant to the state of mind issue.

I. Is counsel ineffective under the Six th and F ourteenth Amendments of the federal Constitution when no investig ation is conducted pre-trial concerning the client's developmental delay issues, very low I Q scores and history of Social Security benefits and post conviction investig ation reveals such relevant information as to the client's state of mind in a self defense case?

II. Is counsel ineffective under the Six th and F ourteenth Amendments of the federal Constitution when one counsel does not know what the averag e IQ score is and lead counsel testifies it is between 70-80 and counsel does not consult a mental health ex pert when the affirmative defense of self defense is presented and the client testifies with a recent I Q score in the low 50' s?

Question Presented (AI Summary)

Is counsel ineffective under the Sixth and Fourteenth Amendments when no investigation is conducted pre-trial concerning the client's developmental-delay-issues, very-low-IQ-scores, and history-of-Social-Security-benefits, and post-conviction investigation reveals such relevant information as to the client's state-of-mind in a self-defense case?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-10
DISTRIBUTED for Conference of 9/29/2020.
2020-09-03
Reply of petitioner Randy Thomas filed.
2020-08-24
Brief of respondent State of Ohio in opposition filed.
2020-07-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2020)

Attorneys

Randy Thomas
John Patrick ParkerAttorney, Petitioner
State of Ohio
Jacquenette Susanne CorganSummit County Prosecutor's Office, Respondent