No. 22-6821

James Mammone v. Charlotte Jenkins, Warden

Lower Court: Sixth Circuit
Docketed: 2023-02-21
Status: Denied
Type: IFP
IFP
Tags: change-of-venue fair-trial habeas-corpus prejudice-presumption presumption-of-prejudice pretrial-publicity rideau-v-louisiana sixth-amendment
Latest Conference: 2023-05-25
Question Presented (from Petition)

In determining whether to presume prejudice under Rideau and Skilling, are courts permitted to consider (1) the defendant's role in creating the pretrial publicity and (2) the voir dire transcript?

In determining whether to presume prejudice under Rideau and Skilling, are courts permitted to apply bright-line rules relating to (1) the fact that a confession was conveyed via print rather than televised, and (2) the number of months elapsed since the news coverage first began?

Question Presented (AI Summary)

In determining whether to presume prejudice under Rideau and Skilling, are courts permitted to consider (1) the defendant's role in creating the pretrial publicity and (2) the voir dire transcript?

Docket Entries

2023-05-30
Petition DENIED.
2023-05-10
DISTRIBUTED for Conference of 5/25/2023.
2023-05-03
Reply of petitioner James Mammone filed.
2023-04-24
Brief of respondent Charlotte Jenkins in opposition filed.
2023-03-07
Motion to extend the time to file a response is granted and the time is extended to and including April 24, 2023.
2023-03-06
Motion to extend the time to file a response from March 23, 2023 to April 24, 2023, submitted to The Clerk.
2023-02-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2023)
2022-12-05
Application (22A488) granted by Justice Kavanaugh extending the time to file until February 18, 2023.
2022-12-01
Application (22A488) to extend the time to file a petition for a writ of certiorari from December 20, 2022 to February 18, 2023, submitted to Justice Kavanaugh.

Attorneys

Charlotte Jenkins
Michael Jason HendershotOhio Attorney General's Office, Respondent
James Mammone III
Sharon Anne HicksOffice of the Federal Public Defender, Petitioner