No. 22-5675

Larry Gapen v. Ohio

Lower Court: Ohio
Docketed: 2022-09-23
Status: Denied
Type: IFP
IFP
Tags: capital-case constitutional-violations due-process extrinsic-evidence federal-constitutional-rights federal-habeas-corpus habeas-corpus juror-misconduct lex-talionis state-procedural-rules
Latest Conference: 2023-01-06
Question Presented (from Petition)

When state courts prevent a capital defendant from obtaining the formal process necessary to substantiate severe constitutional violations in his trial and sentencing proceedings, do the state courts run afoul of this Court's precedents when they subsequently decline to enforce federal constitutional rights by faulting the defendant for not obtaining the evidence earlier?

Whether state courts violate the federal constitution's right to due process by applying state procedural rules to prevent substantial claims of federal constitutional violations from being heard?

Whether state courts violate the federal constitution's right to due process by applying state procedure rules in a way that conflicts with precedent from this Court and the federal courts of appeals, where the state courts apply those rules to preclude protection of a defendant's federal constitutional rights?

Question Presented (AI Summary)

Whether state courts violate the federal constitution's right to due process by applying state procedural rules to prevent substantial claims of federal constitutional violations from being heard?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-22
Reply of petitioner Larry Gapen filed.
2022-11-14
Brief of respondent Ohio in opposition filed.
2022-10-20
Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2022. See Rule 30.1.
2022-10-19
Motion to extend the time to file a response from October 24, 2022 to November 13, 2022, submitted to The Clerk.
2022-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2022)
2022-06-06
Application (21A787) granted by Justice Kavanaugh extending the time to file until September 23, 2022.
2022-06-01
Application (21A787) to extend the time to file a petition for a writ of certiorari from July 25, 2022 to September 23, 2022, submitted to Justice Kavanaugh.

Attorneys

Larry Gapen
Allen L. BohnertFed. Public Defender Office, Southern Dist of Ohio, Petitioner
State of Ohio
Andrew Thomas FrenchMontgomery County Prosecutor's Office, Respondent