No. 21-6243

Richard Barnhart, Jr. v. Neil Turner, Warden

Lower Court: Sixth Circuit
Docketed: 2021-11-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment appellate-procedure constitutional-rights due-process ineffective-assistance-of-counsel motion-for-new-trial ohio-appellate-court search-and-seizure supreme-court-precedent unreasonable-application
Latest Conference: 2021-12-10
Question Presented (from Petition)

Is a Petitioner denied his due process rights when the Ohio Appellate Court applies an unreasonable application of U.S. Supreme Court precedent in regards to petitioner's Constitutional right to be free of illegal search and seizure?

Is a Petitioner denied his Sixth Amendment right to effective assistance of counsel and his Fourteenth Amendment due process rights when appellate counsel fails to argue the sufficiency of evidence error but instead argues that the conviction was against the weight of evidence?

Is a Petitioner's due process rights as guaranteed by the Fifth and Fourteenth Amendment of the United States Constitution violated when the trial court fails to grant his motion for a new trial?

Does trial counsel provide ineffective assistance of counsel when he knowingly submits a vital, yet factually incorrect affidavit in support of a motion for a new trial?

Question Presented (AI Summary)

Is a Petitioner denied his due process rights when the Ohio Appellate Court applies an unreasonable application of U.S. Supreme Court precedent in regards to petitioner's Constitutional right to be free of illegal search and seizure?

Docket Entries

2021-12-13
Petition DENIED.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-19
Waiver of right of respondent Neil Turner, Warden to respond filed.
2021-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2021)

Attorneys

Neil Turner, Warden
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Richard Barnhart, Jr.
Richard Barnhart Jr. — Petitioner