No. 20-7350

Adam DeVore v. Ohio

Lower Court: Ohio
Docketed: 2021-03-05
Status: Denied
Type: IFP
IFP
Tags: due-process effective-assistance-of-counsel fourteenth-amendment government-misconduct indictment-misconduct manifest-miscarriage-of-justice sixth-amendment waiver-of-indictment
Latest Conference: 2021-04-30
Question Presented (from Petition)

The following questions presented involves a post-sentence withdraw of plea for government misconduct:

1) Is the service of a fake indictment ("warrants") and threats to foster a child to induce guilty pleas consistent with the demands of due process guarenteed by the Fourteenth Amendment to the United States Constitution?

2) Does defense counsel's failure to verify the alleged filing of another indictment ("warrants") before convincing a defendant to enter a guilty plea constitute a violation of the Sixth Amendment to the United States Constitution right to the effective assistance of counsel?

3) Does an unwittingly signed waiver of indictment at a change of plea hearing cure the fake indictment inducement when a petitioner was blindly signing numerous documents pointed at by counsel? And is this practice consistent with due process guaraenteed by the Fourteenth Amendment to the United States Constitution as well as the right to the effective assistance of counsel guarenteed by the Sixth Amendment to the United States Constitution?

Is the trial court's on record dismissal of "count two" of the subsequent fake indictment coupled with an officer's report affirming service of the fake indictment ("warrants") at the direction of prosecutors sufficient to demonstrate a post-sentence manifest miscarriage of justice when said fake indictment ("warrants") is not anywhere in the record and petitioner did not discover said documents for nearly seven (7) years after entering guilty pleas?

Question Presented (AI Summary)

Whether the service of a fake indictment and threats to foster a child constitutes a due process violation

Docket Entries

2021-05-03
Petition DENIED.
2021-04-15
DISTRIBUTED for Conference of 4/30/2021.
2021-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2021)

Attorneys

Adam DeVore
Adam DeVore — Petitioner