No. 23-7044

Melanie A. Ogle v. Hocking County Common Pleas Court, et al.

Lower Court: Ohio
Docketed: 2024-03-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-authority criminal-procedure criminal-sentencing due-process personal-jurisdiction right-to-counsel sixth-amendment subject-matter-jurisdiction void-conviction
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (from Petition)

QUESTION 1. In absence of counsel and a waiver of right to counsel during
a sentencing hearing, does a state trial court possess "constitutional
authority " to sentence a criminal defendant to a term of imprisonment, and
order commencement of a term of imprisonment?

QUESTION 2. If, a state trial court does not possess "constitutional
authority " to sentence a criminal defendant to a term of imprisonment, and
order commencement of a term of imprisonment, is such a sentence and/or
conviction "void "?.

QUESTION 3. In absence of counsel and a waiver of right to counsel during
a sentencing hearing, is a state trial court prohibited by the Sixth
Amendment to the United States Constitution from sentencing a criminal
defendant to a term of imprisonment, and ordering commencement of a term
of imprisonment?

QUESTION 4. In absence of counsel and a waiver of right to counsel during
a sentencing hearing, does a state trial court's state statutory "subject matter
jurisdiction " to sentence a criminal defendant to a term of imprisonment and
order commencement of a term of imprisonment, override, negate, defeat, or
abrogate the prohibition of the Sixth Amendment to the United States
Constitution against a state trial court sentencing a criminal defendant to a
term of imprisonment, and ordering commencement of a term of
imprisonment?

QUESTION 5. If, in absence of counsel and a waiver of right to counsel
during a sentencing hearing, a state trial court is prohibited by the Sixth
Amendment to the United States Constitution from sentencing a criminal
defendant to a term of imprisonment, and ordering commencement of a term
of imprisonment, is such a sentence and/or conviction "void "?

QUESTION 6. Does a state trial court possess "personal jurisdiction " over a
criminal defendant to sentence a criminal defendant to a term of
imprisonment, and order commencement of a term of imprisonment, when
the criminal defendant has objected to the involuntary waiver of her right to
counsel and the constitutional unlawfulness of the proceedings, and/or when
a sentencing proceeding that includes imprisonment, commences in absolute
absence of counsel after the criminal defendant repeatedly declared they had
an inability to obtain counsel, that they did not waive their right counsel, and
when they did not relinquish, abandon, reject, or refuse to be represented by
counsel, or court-appointed counsel?

QUESTION 7. If, a state trial court does not possess "personal jurisdiction "
over a criminal defendant to sentence a criminal defendant to a term of
imprisonment, and order commencement of a term of imprisonment, when
the criminal defendant has objected to the involuntary waiver of her right to
counsel and the constitutional unlawfulness of the proceedings, and/or when
a sentencing proceeding commenced in absolute absence of counsel after the
criminal defendant repeatedly declared they had an inability to obtain
counsel, that they did not waive their right counsel, and when they did not
relinquish, abandon, reject, or refuse to be represented by counsel or court-appointed counsel, is such a sentence and/or conviction "void "?

Question Presented (AI Summary)

Absence-of-counsel,Sixth-Amendment,Sentencing,Personal-jurisdiction,Subject-matter-jurisdiction,Void-sentence

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-10
Waiver of right of respondent Hocking County Common Pleas Court, et al. to respond filed.
2024-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2024)

Attorneys

Hocking County Common Pleas Court, et al.
Cassaundra L. SarkLambert Law Office, Respondent
Melanie A. Ogle
Melanie A. Ogle — Petitioner