No. 21-8143

Marcus Branch v. Ohio

Lower Court: Ohio
Docketed: 2022-06-15
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights criminal-offense criminal-procedure double-jeopardy due-process parole parole-board sentencing separation-of-powers
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (from Petition)

WAS THE "DOUBLE JEOPARDY ' CLAUSE VIOLATED WHEN I WAS SENTENCED THREE TIMES FOR THE EXACT SAME OFFENSE I'M HERE FOR NOW PURSUANT TO USCS CONSTITUTION, AMENDMENT 5?

WILL IT BE PROVEN THAT MY CASE IS UNCONSTITUTIONAL BECAUSE IT VIOLATES THE DOCTRINE OF THE SEPERATION OF POWERS BECAUSE IT ALLOWED A NON-JUDICIAL AGENCY (THE PAROLE BOARD) TO PERFORM THE JUDICIAL FUNCTION OF TRYING AN INDIVIDUAL FOR A CRIMINAL OFFENSE AND IMPOSING SENTENCE?

WHERE MY DUE PROCESS RIGHTS VIOLATED BECAUSE I WAS ARRESTED FOR THE CRIME ON SEPTEMBER 3, 2019. AND I DIDN 'T GET ARRAIGNED FOR IT UNILL FEBRUARY 25, 2020? (WHEN I GOT ARRESTED: THEY WAITED FOR PAROLE TO IMPOSE A SENTENCE FIRST BEFORE ARRAIGNING ME)

IS THERE PROOF THAT I'VE ALREADY PREVIOUSLY SERVED PRISON TIME FOR THIS EXACT SAME CASE THAT I'M HERE FOR ALREADY?

WERE MY CONSTITUTIONAL RIGHTS VIOLATED? OR DOES THIS CASE ALIGN ITSELF WITH: OHIO CONSTITUTION, ARTICLE 1, SECTION 10; OHIO REVISED CODE ANNOTATED 2941.25; CRIMINAL RULE 7 (D); OR OHIO REVISED CODE ANNOTATED 2967.11?

Question Presented (AI Summary)

Was the double-jeopardy clause violated?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-28
DISTRIBUTED for Conference of 9/28/2022.
2022-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2022)

Attorneys

Marcus Branch
Marcus Branch — Petitioner