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Edward Smith v. Ohio

Paid petition · Court of Appeals of Ohio, Hamilton County, No. C-190289 · judgment June 10, 2020


Certiorari denied · April 19, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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 The Court denied the Petitioner's Motion For Reconsideration Memorandum In Support, on December 29, 2020, Unpublished Opinion: State v. Smith, 2020 Ohio Lexis 2925, Appendix A; 160 Ohio St. 3d 1449, 2020-Ohio 2463, Appendix B; 156 N.E. 3d 918.[*1]; State v. Smith, 2020 Ohio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

Conference history
Distributed for 2 conferences

Proceedings

  1. Jun 21 2021
    Rehearing DENIED.
  2. Jun 01 2021
    DISTRIBUTED for Conference of 6/17/2021.
  3. May 10 2021
    Petition for Rehearing filed.
  4. Apr 19 2021
    Petition DENIED.
  5. Mar 31 2021
    DISTRIBUTED for Conference of 4/16/2021.
  6. Mar 22 2021
    Waiver of right of respondent Ohio to respond filed.
  7. Feb 16 2021
    Petition for a writ of certiorari filed. (Response due April 7, 2021)