No. 24-5189
Response WaivedIFP
Tags: burden-of-proof direct-appeal evidence-admission harmless-error inadmissible-evidence ineffective-assistance-of-counsel prejudice-standard sixth-amendment
Latest Conference:
2024-09-30
Question Presented (from Petition)
When a defendant asserts IAC on direct appeal in Ohio for failing to object to inadmissible evidence and is able to demonstrate deficient performance, does the Sixth Amendment require the State to meet the same burden to refute prejudice that would apply in the case of preserved error?
Question Presented (AI Summary)
When a defendant asserts IAC on direct appeal in Ohio for failing to object to inadmissible evidence and is able to demonstrate deficient performance, does the Sixth Amendment require the State to meet the same burden to refute prejudice that would apply in the case of preserved error?
Docket Entries
2024-10-07
Petition DENIED.
2024-08-08
DISTRIBUTED for Conference of 9/30/2024.
2024-08-01
Waiver of Ohio of right to respond submitted.
2024-08-01
Waiver of right of respondent Ohio to respond filed.
2024-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2024)
Attorneys
Ohio
Evy Michale Jarrett — Lucas County Prosecutor's Office, Respondent