No. 20-6959

Mason Somers v. Jay Forshey, Warden

Lower Court: Sixth Circuit
Docketed: 2021-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attorney-client-privilege constitutional-rights criminal-procedure discovery due-process ineffective-assistance jail-recordings pre-trial-discovery right-to-counsel trial-counsel
Key Terms:
FifthAmendment DueProcess HabeasCorpus
Latest Conference: 2021-02-26
Question Presented (from Petition)

1. Once trial counsel learns facts of a criminal case prior to receiving discovery from the government, provides that discoverable information to his client and the client is heard on a jail house phone call repeating those facts, is trial counsel ineffective when the government uses those recordings and state to the jury that defendant must have committed the offense because he is heard talking about facts of the case before he should have known them" with

Question Presented (AI Summary)

Whether trial counsel was ineffective for providing discoverable information to his client prior to receiving discovery from the government, resulting in the government using the client's recorded statements about those facts against him at trial

Docket Entries

2021-03-01
Petition DENIED.
2021-02-11
DISTRIBUTED for Conference of 2/26/2021.
2021-02-04
Waiver of right of respondent Jay Forshey to respond filed.
2020-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 26, 2021)

Attorneys

Jay Forshey
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Mason Somers
Mason Somers — Petitioner