Supreme Court of the United States · Official docket →
Claudia C. Hoerig v. Shannon Olds, Warden
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 24-3382 · judgment January 21, 2025
Question presented
CONSTITUTIONAL QUESTION 1 (related to COA Claim One) (l)(a) Whether a Petitioner who claims that "the trial court erred in denying Petitioner's Criminal Rule-29 Motion for Acquittal for Insufficiency of the Evidence as a matter of law" has raised a legitimate constitutional claim under Jackson v. Virginia, 443 at 317 n.10 and 318 n.ll, which provides a mechanism for relief under the Fifth Amendment, adopting "the Curley test" prescribed in Curley, 160 F.2d 229 at 232-233 (1947, CA D.C.), which entitles Petitioner to a judgment of acquittal as a matter of law (within the meaning of Martin v. Ohio, 480 U.S, at 234, 237) when two conditions are satisfied: (1) when the defendant testifies and establishes reasonable doubt by a preponderance of the evidence, and (2) when the State fails to disprove an element of a "negative-defense" thus failing to create a genuine dispute of fact for the jury to decide? (l)(b) Whether Petitioner suffered prejudice without ever having an opportunity to have the true merits of her "Jackson-Curley" constitutional claim decided due to the Sixth Circuit's refusal to recognize a fairly presented due process question because of its long-standing inconsistent view on "sudden passion" as a traditional defense to murder, which is raised by the defendant by a preponderance and disproved by the prosecution as part of its intermediate burden?
Counsel of record
For petitioner
Claudia C. Hoerig
For respondent
Mathura Jaya Sridharan
Ohio Attorney General'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
Linked docket
24A1273
Orders
Order list, October 6, 2025 · Certiorari denied
Order list, March 23, 2026 · Rehearing denied
Proceedings
- Mar 23 2026Rehearing DENIED.
- Feb 25 2026DISTRIBUTED for Conference of 3/20/2026.
- Oct 27 2025Petition for Rehearing filed.
- Oct 06 2025Petition DENIED.
- Sep 04 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 03 2025Waiver of right of respondent Shannon Olds to respond filed.
- Aug 15 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2025)
- Jun 24 2025Application (24A1273) granted by Justice Kavanaugh extending the time to file until August 23, 2025.
- Jun 03 2025Application (24A1273) to extend the time to file a petition for a writ of certiorari from June 24, 2025 to August 23, 2025, submitted to Justice Kavanaugh.