No. 20-6856

Lavon Oden v. Neil Turner, Warden

Lower Court: Sixth Circuit
Docketed: 2021-01-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: confrontation-clause cross-examination effective-assistance-of-counsel hearsay hearsay-evidence ineffective-assistance prosecutorial-misconduct sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-05-20 (distributed 2 times)
Question Presented (from Petition)

Was LaVon Oden's Sixth Amendment:.Confrontation Clause right to directly confront witnesses; the right to cross examine adverse witnesses violated, when the trial court erred as a matter of law by allowing witness Darryl Craig's identification of Oden as the shooter and the contents of Craig's text messages?

Did the Trial Court error as a matter of law by overruling Oden's motion for mistrial; and Abuse its discretion when the trial court prevented trial counsel from cross-examining witness Curtis Boston about his admitted out of court conversations with witness Darryl Craig, while in lockup, in which Boston stated Craig influenced his testimony.?

Was LaVon Oden's Sixth Amendment right to the effective assistance of counsel; and Oden's Sixth Amendment right to confront witness Darryl Craig violated, when trial counsel failed to object to hearsay evidence? If a petitioner is denied effective cross examination, would that be a constitutional error of the first magnitude and no amount of showing or want of prejudice could cure it?

Was LaVon Oden's Sixth Amendment right to the effective assistance of counsel violated, when trial counsel conceded to the guilt of the petitioner?

Was LaVon Oden's Sixth Amendment right to the effective assistance of counsel violated, when trial counsel failed to file a motion to supress the identification by Robert Johnson of Oden as the shooter?

Was LaVon Oden's Fourteenth Amendment right violated when prosecutorial misconduct rendered petitioner's trial fundamentally unfair?

Question Presented (AI Summary)

Was LaVon Oden's Sixth Amendment right to confront witnesses violated?

Docket Entries

2021-05-24
Rehearing DENIED.
2021-05-04
DISTRIBUTED for Conference of 5/20/2021.
2021-03-05
Petition for Rehearing filed.
2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2021-01-25
Waiver of right of respondent Neil Turner, Warden to respond filed.
2020-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 16, 2021)

Attorneys

Lavon Oden
LaVon Oden — Petitioner
Neil Turner, Warden
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent