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Tag Archives: jurisdiction
Jurisdiction Ruling: a Reassuring Footnote
A Sixth Circuit court has denied[i] Jeffrey Wogenstahl the opportunity to make a separate appeal to establish whether Ohio had jurisdiction to try him. Jeff wanted to appeal an Ohio Supreme Court’s ruling[ii] from 2017. In that ruling the majority … Continue reading
Posted in criminal justice, Jeffrey Wogenstahl, jurisdiction, Ohio, USA
Tagged capital punishment, conclusive presumption, criminal justice, death penalty, habeas petition, Indiana, Jeff Wogenstahl, Jeffrey Wogenstahl, June 2020, jurisdiction, Justice O'Connor, miscarriages of justice, new judgment, Ohio, Ohio Supreme Court, subject-matter jurisdiction, USA, wrongful convictions
Shadow of Execution Date Lifted
Jeffrey Wogenstahl has been granted an indefinite stay of execution by the Ohio Supreme Court (see Supreme Court of Ohio Case Announcements October 24, 2018): 1995-0042. State v. Wogenstahl. Hamilton App. No. C-930222. On appellant’s motion to reopen direct appeal. Motion … Continue reading
Posted in capital punishment, death penalty, death row, executions, Jeffrey Wogenstahl, Ohio, USA
Tagged Chillicothe Correctional Institution, death row, FBI hair testimony, hair analysis, Jeff Wogenstahl, Jeffrey Wogenstahl, jurisdiction, jurors, jury, October 2018, official misconduct, Ohio, Ohio Southern District Court, Ohio Supreme Court, police file, stay of execution, suppressed evidence, Supreme Court of Ohio, United States Court of Appeals for the Sixth Circuit, USA
A Flawed Statute
Jeffrey Wogenstahl has filed a new petition in the Ohio Supreme Court, claiming that Ohio relied on a flawed statute to allow itself jurisdiction to try him.* At fault was the statute’s sub-section known as R.C. §2901.11(D); this addressed situations … Continue reading
Posted in capital punishment, criminal justice, death penalty, Jeffrey Wogenstahl, Ohio, USA
Tagged aggravated murder, Amber Garrett, due process of law, execution date, Fourteenth Amendment of the United States Constitution, injustice, Jeff Wogenstahl, Jeffrey Wogenstahl, jurisdiction, Justice Kennedy, May 2018, Ohio, Ohio Constitution's Due Course of Law Clause, Ohio Supreme Court, R.C. 2901.11(D), subject-matter jurisdiction, USA, venue
A Tremendous Error
The Ohio Supreme Court has again rejected Jeffrey Wogenstahl’s claim that Ohio did not have jurisdiction to try him. The court’s decision,[i] announced last month, is mystifying. The state did not file a rebuttal of the points made by Jeff … Continue reading
Posted in capital punishment, criminal justice, death penalty, Indiana, innocence, Jeffrey Wogenstahl, miscarriages of justice, Ohio, USA, wrongful convictions
Tagged 2018, capital punishment, Chief Justice Maureen O'Connor, criminal justice, death penalty, death penalty appeals, Hamilton County, Indiana, injustice, January 2018, Jeff Wogenstahl, Jeffrey Wogenstahl, jurisdiction, materiality rule, miscarriage of justice, Ohio, Supreme Court of Ohio, USA, wrongful convictions
The Majority Judges Erred
Jeffrey Wogenstahl has appealed an unfavorable Ohio Supreme Court ruling.* Last month five of the judges rejected his claim that Ohio lacked jurisdiction to try him for murder; but Chief Justice O’Connor wrote a compelling dissent in his support (see … Continue reading
Posted in capital punishment, criminal justice, death penalty, Indiana, Jeff Wogenstahl, Jeffrey Wogenstahl, jurisdiction, Ohio Supreme Court, USA
Tagged Appellant Jeffrey Wogenstahl’s Motion for Rehearing and/or Reconsideration, August 2017, Bruce Wheeler, capital punishment, Carl J. Schmidt M.D; M.P.H., Chief Justice Maureen O'Connor, criminal justice, death penalty, Gary A. Rini M.F.S., Indiana, ineffective trial counsel, Jeff Wogenstahl, Jeffrey Wogenstahl, jurisdiction, Ohio, Ohio Supreme Court, USA
Chief Justice O’Connor’s Detailed Appraisal
In a 5:2 decision, the Supreme Court of Ohio has rejected Jeffrey Wogenstahl’s claim that Ohio lacked jurisdiction to try him for murder.* In order to reach their decision, the judges examined the state’s theory of events surrounding the murder … Continue reading
Posted in capital punishment, criminal justice, death penalty, Indiana, Jeffrey Wogenstahl, Ohio, Ohio Supreme Court, USA, wrongful convictions
Tagged Amber Garrett, August 2017, capital punishment, Chief Justice Maureen O'Connor, constitutionality, criminal justice, death penalty, Harrison, Indiana, Jeff Wogenstahl, Jeffrey Wogenstahl, jurisdiction, Justice French, Justice O'Neill, Ohio, R.C. 2901.11(D), Supreme Court of Ohio, USA, wrongful convictions
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Oral Argument: April 4, 2017
Tuesday, April 4, 2017 will be an important day for Jeffrey Wogenstahl. Oral argument has been scheduled for that day,* to consider whether his Ohio trial court lacked jurisdiction to try him (Jeff has a strong case that because the … Continue reading
Posted in capital punishment, criminal justice, death penalty, Indiana, injustice, innocence, Jeffrey Wogenstahl, jurisdiction, Ohio, oral argument, USA, wrongful conviction
Tagged 1993, capital punishment, death penalty, Hamilton County, Indiana, injustice, innocence, January 2017, Jeff Wogenstahl, Jeffrey Wogenstahl, jurisdiction, Ohio, Ohio Supreme Court, oral argument, prosecutorial misconduct, subject-matter jurisdiction, suppressed evidence, trial, USA, wrongful conviction
A Question of Jurisdiction
Yesterday Jeff’s lawyers addressed the issue which the Ohio Supreme Court has invited them to raise, namely that Jeff’s trial court did not have jurisdiction to try him. The relevant statute in force at the time of the crime of … Continue reading
Posted in capital punishment, criminal justice, death penalty, Jeffrey Wogenstahl, jurisdiction, Ohio, subject-matter jurisdiction, USA
Tagged August 2016, capital punishment, criminal justice, death penalty, Hamilton County, homicide, Indiana, injustice, innocence, Jeff Wogenstahl, Jeffrey Wogenstahl, jurisdiction, Ohio, Ohio Supreme Court, subject-matter jurisdiction, USA, wrongful convictions
“Motion to recuse denied.”
Ohio Supreme Court Justice O’Neill has made it clear that he will not grant a request to remove himself from Jeffrey Wogenstahl’s case. The judge explained: “…it would be a violation of my oath of office to ignore my obligation to … Continue reading
Posted in capital punishment, criminal justice, death penalty, Indiana, Jeffrey Wogenstahl, Joe Deters, jurisdiction, Justice O'Neill, Ohio, USA
Tagged capital punishment, death penalty, Indiana, Innocence Project, Jeff Wogenstahl, Jeffrey Wogenstahl, Joe Deters, June 2016, jurisdiction, Justice Breyer, Justice Ginsburg, Justice William O'Neill, Ohio, Ohio Supreme Court, prosecutorial misconduct, recusal, US Supreme Court, USA, wrongful convictions
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‘Indiana’ Claim in Ohio Supreme Court
Last week the Ohio Supreme Court granted Jeffrey Wogenstahl’s motion to ‘vacate execution date and to re–open direct appeal’. A further court announcement came today: Jeff’s case will not have to go back to the lower court. Instead, it will be considered … Continue reading
Posted in capital punishment, criminal justice, death penalty, Jeff Wogenstahl, Jeffrey Wogenstahl, Ohio, USA
Tagged capital punishment, death penalty, death row, executions, Indiana, injustice, Jeff Wogenstahl, Jeffrey Wogenstahl, jurisdiction, May 2016, miscarriages of justice, Ohio, Ohio Supreme Court, torture, USA, wrongful convictions
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