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· 10/20/2023

Smith v. Law Office of Karen Oakley, L.L.C.

Citations

  • 2023 Ohio 3819

Syllabus

The trial court did not err in entering summary judgment against appellant on his legal-malpractice complaint. Regardless of appellees' untimely filing of appellant's petition for a writ of habeas corpus, the habeas claims substantively lacked merit. Therefore, the trial court correctly found no genuine issue of material fact as to whether appellees' performance proximately caused appellant any harm. Judgment affirmed.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the Fifth and Sixth Amendments form “part of [the Constitution’s] basic ‘fair trial’ guarantee”
  • holding that fast-track program does not violate due process even though defendant is required to plead guilty before government has turned over potentially exculpatory information
  • holding that the “Constitution does not require the Government to disclose material impeachment evidence prior to entering a plea agreement with a criminal defendant”
  • concluding that due process does not require \preguilty plea disclosure of impeachment information\ but suggesting that the analysis may be different with respect to evidence of actual innocence
  • holding that the Ninth Circuit properly exercised jurisdiction to address defendant’s constitutional challenge to the district court’s declination to depart downward, although the challenge was ultimately denied
  • recognizing that 18 U.S.C. § 3742(a)(1) “does not authorize a defendant to appeal a sentence where the ground for appeal consists of a claim that the district court abused its discretion in refusing to depart”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tucker

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.