Q: If the Ohio Supreme Court declined Jurisdiction of an App.R. 26(B), how long do I have to file to Sixth Circuit or USSC?
I was denied exculpatory (ESI) evidence that would prove otherwise of an abduction of my wife, after offer of proof was made within a jury trial. My counsel was well informed of my claimed defense and shared the fact with the prosecution within the preliminary stages. There was a very incriminating, 911 limited evidence, submitted for the prosecution. Then later I was tried with an inappropriate lesser included offense pursuant to O.R.C. § 2945.74 & Crim.R. 31(C), without proper amendment pursuant to Crim.R. 7(D), failing the requirement of indictment per Crim.R. 7(B), absent the findings of a grand jury, creating a constructively amended indictment (Stirone error), compromising the verdict, sequestering the papers of the case, did not properly recorded the case facts, and inadequately read the verdict as to omit the facts from the court record. Trial Court refused to correct pursuant to Crim.R. 36, and appellate counsel also failed to correct the record pursuant to App.R. 9(E).
A:
Whoa! Slow down. You are just running with a bunch of stuff you clearly do not understand well.
Let's start with this preliminary question on which half of your argument rests: what offense(s) were you originally indicted with, and what offense were you convicted of? If the offense you were convicted of is a lesser included offense, then the state did not need a new amendment. Since you have given no information about what you were charged with and what you were convicted of, that half of your argument rests on us believing that you know the offense of conviction was not a lesser included offense. I don't believe you know.
Then, let's move on to these other preliminary question: what is the nature of the exculpatory evidence? Why an offer of proof? (instead of trying to get the evidence admitted? because the judge said he would not admit it?). Did you raise the issue of the exculpatory evidence on your first appeal?
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