No. 20-7161

Tyrell E. Artis v. Ohio

Lower Court: Ohio
Docketed: 2021-02-16
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights domestic-violence due-process fourteenth-amendment ineffective-assistance plea-bargaining plea-withdrawal res-judicata sentencing-enhancement sixth-amendment
Latest Conference: 2021-04-16
Question Presented (from Petition)

CAN A PLEA DEAL CONSISTING OF TWO (2) MISDEMEANOR DOMESTIC VIOLENCE CHARGES BE WITHDREW POST SENTENCE, WHEN; (1 ) NO DIRECT APPEAL WAS TAKEN; (2) SAID PLEA DEAL(s) WERE UNCONSOLED RESULTING IN ACTUAL INCARCERATION, IN VIOLATION OF THE SIXTH AMENDMENT THROUGH THE FOURTEENTH AMENDMENT AND SUPREME COURT PRECEDENT; (3) IT IS UNDISPUTED NO VALID WAIVER OF COUNSEL WAS GIVEN, IN VIOLATION OF THE SIXTH AMENDMENT THROUGH THE FOURTEENTH AMENDMENT; AND/OR (4) SAID PLEA DEAL(s) IS/ARE NOW BEING USED TO ENHANCE, A SEPERATE AND LATER CHARGED, MISDEMEANOR DOMESTIC VIOLENCE INTO A FELONY OFFENSE.

WHETHER RES JUDICATA BARS PETITIONER'S SIXTH AND FOURTEENTH CONSTITUTIONAL AMENDMENT CLAIMS WITHIN A POST SENTENCE MOTION TO WITHDRAW PLEA WHEN IT IS SHOWN SAID PLEA WAS UNCONSOLED, RESULTED IN DEPRIVATION OF LIBERTY, NO WAIVER OF COUNSEL GIVEN, AND NOW BEING USED TO ENHANCE A SEPERATE OFFENSE, FROM A MISDEMEANOR TO A FELONY.

Question Presented (AI Summary)

Can a plea deal consisting of two (2) misdemeanor domestic violence charges be withdrew post sentence, when; (1) no direct appeal was taken; (2) said plea deal(s) were unconsoled resulting in actual incarceration, in violation of the Sixth Amendment through the Fourteenth Amendment and Supreme Court precedent; (3) it is undisputed no valid waiver of counsel was given, in violation of the Sixth Amendment through the Fourteenth Amendment; and/or (4) said plea deal(s) is/are now being used to enhance, 'a seperate and later charged, misdemeanor domestic violence into a felony offense

Docket Entries

2021-04-19
Petition DENIED.
2021-04-01
DISTRIBUTED for Conference of 4/16/2021.
2021-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2021)

Attorneys

Tyrell E. Artis
Tyrell E. Artis — Petitioner