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Darrell Allen Hess v. Oklahoma

IFP petition · Court of Criminal Appeals of Oklahoma, No. PC-2025-58 · judgment April 8, 2025


Certiorari denied · October 6, 2025

Questions presented

  1. Whether Oklahoma's application of its successive postconviction procedural bars (22 O.S. §§ 1086,1080.1) constitutes an adequate and independent state ground precluding federal review of Petitioner's Sixth Amendment claim, where Petitioner was denied counsel at a critical stage (preliminary hearing) because an assistant public defender actively misrepresented her status as his counsel, while simultaneously representing.the key adverse witness, constituting a fraud on the court that is confirmed by newly discovered evidence, that prevented the claim from being adequately raised previously?

  2. Whether the Oklahoma Court of criminal appeal's reliance on state procedural bars (22 O.S. §§ 1086, 1080.1) to deny review of Petitioner’s claim of denial of counsel due to fraud - supported by newly discovered evidence - conflicts U.S. Supreme Court precedent regarding the reviewability of federal claims defaulted due to state action or fraud, particularly in light of the principles regarding dependent state grounds discussed in Glossip v. Oklahoma, 604 U.S. _ (2025)?

  3. Weather petitioner was denied counsel at a critical stage (preliminary hearing) requiring automatic reversal without pleading prejudice, in light of the principles in CHRONIC?

Counsel of record

For petitioner
Darrell Allen Hess

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
  2. Aug 07 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 20 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2025)