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 judges decided that “it cannot be determined whether Amber was murdered in Ohio or Indiana” so “the offense is conclusively presumed to have taken place in Ohio” [emphasis added]. It was this presumption that resulted in the ruling that Ohio had jurisdiction to conduct Jeff’s trial.*
Jeff argued that instead of presuming that it had jurisdiction, Ohio should have been required to prove this.[iii]
He further explained that the Ohio Supreme Court’s 2017 ruling constituted a new state court direct appeal judgment, warranting further appeals; and that there is no time barrier to raising such questions of jurisdiction.[iv]
The Sixth Circuit court disagrees, thus preventing Jeff from pursuing his jurisdiction arguments separately.
A footnote to the ruling is reassuring. It indicates that this decision will not impact the issue of jurisdiction referenced in Jeff’s main ongoing litigation [his claim of innocence]. †
So Jeff can continue this fight. We wish him the greatest success. He deserves no less.