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Edward Smith v. Ohio
Paid petition · Court of Appeals of Ohio, Hamilton County, No. C-190289 · judgment June 10, 2020
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Question presented
When the Supreme Court of Ohio "sidestepped," & refused to enforce the protection & privileges of the 5th, 6th, & 14th Amend, to the U.S. Constitution: "stealthy encroachment." The Court denied the Petitioner's Motion For Reconsideration Memorandum In Support, on December 29, 2020, Unpublished Opinion: State v. Smith, 2020 Ohio Lexis 2925, Appendix A; 160 Ohio St. 3d 1449, 2020-Ohio 2463, Appendix B; 156 N.E. 3d 918.[*1]; State v. Smith, 2020 Ohio App. Lexis 2223, Appendix C; Appendix F: (Tr. 448-449); Appendix G: (Tr. 467-468,469-470). The Petitioner has given The Supreme Court of Ohio, Appendix A & B; The First Appellate District Court (Hamilton C-l90289); and Appendix I; a chance to correct the miscarriage of justice. The Supreme Court of Ohio can not claim before the United States Supreme Court, they did not have a chance to correct. The Petitioner "Actual Innocent"; Jurisdictional deficiency, "stealthy encroachment." See Murray v. Carrie, 477 U.S. 478, 495 106 S.Ct. 2639, 91 L. Ed. 2d 397 at Syllabus [***9]; Elberhart v. United States (2005), 546 U.S. 12, at Syllabus HN3; Kontrick v. Ryan (2004), 540 U.S. 443, 455; Mapp, supra at HN6. During the trial, the State's Prosecutor: Joseph Deters and Mike Allen (Former), Prosecutor, herein the State's Prosecutor; returned its own indictment using "Criminal Information", and Crim. R. 7(D). This denied the Petitioner's enforcement and protection provided by the Bill of Rights and Privileges: 5th, 6th, and 14th Amendments, Due Process of Law, to the United States Constitution. This was a matter of "Stealthy Encroachment” which is forbidden by The United States Constitution and all United States Supreme Court Precedents, Appendix F: (Tr. 448-449); Appendix G: (Tr. 467-468,469-470). The Petitioner at trial was charged with multiple offenses, but not in a one-count indictment. First: R.C. 2903.02(B): Felony Murder with specification; i:a
Counsel of record
For petitioner
Edward Smith
For respondent
Mary Stier
Hamilton County Prosecutor's Office
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Orders
Order list, April 19, 2021 · Certiorari denied
Order list, June 21, 2021 · Rehearing denied
Proceedings
- Jun 21 2021Rehearing DENIED.
- Jun 01 2021DISTRIBUTED for Conference of 6/17/2021.
- May 10 2021Petition for Rehearing filed.
- Apr 19 2021Petition DENIED.
- Mar 31 2021DISTRIBUTED for Conference of 4/16/2021.
- Mar 22 2021Waiver of right of respondent Ohio to respond filed.
- Feb 16 2021Petition for a writ of certiorari filed. (Response due April 7, 2021)