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Clarence Fry v. Timothy Shoop, Warden
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 23-3270 · judgment January 3, 2025
Question presented
I. a. When the undisputed factual record demonstrates the denial of the constitutional right to testify at a capital trial, but the State courts find to the contrary, do the federal courts err in affording deference to the State courts? b. Where there is disagreement among lower courts on the type of error that occurs when the right to testify is denied, as well as on the appropriate way to ensure the vindication of the right, should this Court grant certiorari to establish a uniform understanding and protection of the right? II. a. Is a capital defendant’s waiver of mitigation adequately knowing, intelligent, and voluntary when the waiver is predicated on a fundamental misunderstanding of proceedings and the utter dissolution of the attorney-client relationship?
Counsel of record
For petitioner
Sharon Anne Hicks
Office of the Federal Public Defender
For respondent
Mathura Jaya Sridharan
Ohio Attorney General's Office
Proceedings
- Dec 08 2025Petition DENIED.
- Nov 13 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 12 2025Reply of petitioner Clarence Fry filed. (Distributed)
- Oct 28 2025Brief of respondent Timothy Shoop, Warden in opposition filed.
- Aug 18 2025Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2025.
- Aug 15 2025Motion to extend the time to file a response from August 29, 2025 to October 28, 2025, submitted to The Clerk.
- Jul 28 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2025)
- May 13 2025Application (24A1090) granted by Justice Kavanaugh extending the time to file until July 28, 2025.
- May 09 2025Application (24A1090) to extend the time to file a petition for a writ of certiorari from May 29, 2025 to July 28, 2025, submitted to Justice Kavanaugh.