No. 21-5232

Duane Allen Short v. Ohio

Lower Court: Ohio
Docketed: 2021-07-29
Status: Denied
Type: IFP
IFP
Tags: caldwell-v-mississippi capital-punishment capital-sentencing constitutional-decency due-process eighth-amendment evolving-standards-of-decency jury-recommendation jury-trial sixth-amendment
Latest Conference: 2021-10-08
Question Presented (from Petition)

Is Ohio's capital sentencing scheme, which permits telling the jury that their decision is only a mere recommendation, unconstitutional under Hurst v. Florida?

Question Presented (AI Summary)

Is Ohio's capital sentencing scheme, which permits telling the jury that their decision is only a mere recommendation, unconstitutional under Hurst v. Florida?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-16
DISTRIBUTED for Conference of 10/8/2021.
2021-08-30
Brief of respondent Ohio in opposition filed.
2021-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2021)

Attorneys

Duane Short
Erika Marie LaHoteOffice of the Ohio Public Defender, Petitioner
State of Ohio
Andrew Thomas FrenchMontgomery County Prosecutor's Office, Respondent