No. 23-6171

Patrick Henry Hill, II v. Oklahoma

Lower Court: Oklahoma
Docketed: 2023-12-06
Status: Denied
Type: IFP
IFP
Tags: actual-innocence criminal-jurisdiction criminal-procedure forensic-pathology medical-examiner medical-examiners shaken-baby-syndrome veterans veterans-jurisdiction
Latest Conference: 2024-02-16
Question Presented (from Petition)

Veterans, to include active duty service members and family members that are stationed in the continental United States at installations garrisoned by units of the armed forces under the exclusive jurisdiction of the United States, oftentimes reside in adjacent local communities outside the installation. Veterans, after completion of service, oftentimes reside in adjacent local communities, but seek health care at medical facilities on the installation.

1. Whether Oklahoma Courts, under state law, can properly exercise criminal jurisdiction involving a "separable controversy", over Veterans detained in state custody, based on opinions of state medical examiners where state medical examiners are without jurisdiction to conduct a forensic pathology investigation, whereas federal law provides for a complete forensic pathology investigation by the Armed Forces Medical Examiner.

2. Whether the Oklahoma Court of Appeals' legal analysis regarding claims of actual innocence comport with the Supreme Court of the United States holding in House v. Bell, 547 U.S. 518, 126 S. Ct. 2064, 165 L. Ed. 2d 1 (2006).

3. Whether a state district court's decisions to rely on evidence regarding shaken baby syndrome—a proven unreliable science—to deny post-conviction relief, require the OCCA to conduct plain error review of district court's decision to rely on said evidence to uphold a conviction when a reliability hearing is not conducted.

Question Presented (AI Summary)

Whether Oklahoma Courts can exercise criminal jurisdiction over veterans detained in state custody based on state medical examiners' opinions when federal law provides for a forensic pathology investigation by the Armed Forces Medical Examiner

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2023-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2024)

Attorneys

Patrick H. Hill, II
Patrick Henry Hill, II — Petitioner