No. 22-7187

Jody Lynn Ward v. South Carolina

Lower Court: South Carolina
Docketed: 2023-04-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 6th-amendment certiorari-denial due-process fair-trial judicial-misconduct juror-bias juror-impartiality remmer-hearing
Latest Conference: 2023-05-18
Question Presented (from Petition)

1. Was petitioner Prejudiced when the South Carolina Supreme denied his Writ of Certiorari on Oral arguments ,and in a violatio 11 of the 6th and 14th^Amendments to the United States Supreme Court that guarantees a defendant a fair trial by a panel of impartial and indifferent Jurors ,when the U.S. Supreme Court as already Stated in Remmer vs. U.S.5 and Williams Vs. Taylor :in cases where a juror s impartiality is questioned after trial,it is appropriate to conduct a hearing in which the defendant has the opportunity to prove actual Juror Bias,therefore the Petitioner Constitutional Rights to a fair and impartial Juror's in a violation of Clearly established Federal law and 6th and 14th Amendments to the United states Constitution and a "REMMER - HEARING" should be granted and this Case remanded back to the South Carolina supreme Court and/or Trial Coutt for an Evidentiary Hearing that was Denied.

2. Was Petitioner entitled to a hearing on the Merits on an Evidentiary Hearing under the Cause and frejudice ,where the Judge was repremanded for Judicial Misconduct and the South Carolina Supreme Court Erred when they stated that they couldn't come up with an opinion and relied on the S.C. Court of Appeals denial when the record is clear with multiple affidavits to warrant an evidentiary hearing pursuant to clearly established Federal law See;Remmer vs. U.S. 347 U.S. 227 (1954); Willia ms Vs. Taylor,529 U.S. 420 (2000); and the 6th_and 14th Amendment to the Umited states ;supreme Court Precidents Warrant a Hearing.

Question Presented (AI Summary)

Was petitioner prejudiced when the South Carolina Supreme Court denied his writ of certiorari on oral arguments

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Waiver of right of respondent South Carolina to respond filed.
2023-03-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2023)

Attorneys

Jody Lynn Ward
Jody Lynn Ward — Petitioner
South Carolina
Melody Jane BrownSouth Carolina Attorney General's Office, Respondent