Leonard v. Warden, Ohio State Penitentiary
Decision Date | 23 January 2017 |
Docket Number | No. 15-3653,15-3653 |
Parties | Patrick LEONARD, Petitioner-Appellant, v. WARDEN, OHIO STATE PENITENTIARY, Respondent-Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
ARGUED: Nadia V. Wood, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbus, Ohio, for Appellant. Stephen E. Maher, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Sharon A. Hicks, Jacob A. Cairns, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbus, Ohio, for Appellant. David M. Henry, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.
Before: CLAY, McKEAGUE, and KETHLEDGE, Circuit Judges.
Petitioner Patrick Leonard, who was convicted and sentenced to death on June 28, 2001, appeals the order of the district court denying his petition for a writ of habeas corpus, which he had sought pursuant to 28 U.S.C. § 2254. For the reasons that follow, we AFFIRM the district court's order.
In its decision affirming Leonard's conviction and sentence on direct appeal, the Ohio Supreme Court described the facts giving rise to this case as follows:
to the head. Flick had been shot once in the face, once in the back of the head, and once in the back of her neck at the hairline. The shot to the back of Flick's head was fatal.
Pfalsgraf found no injuries to Flick's vagina or anus and no semen in those areas. Pfalsgraf noted, however, that this lack of evidence did not preclude a finding that Leonard had penetrated Flick.
Pfalsgraf also testified that the pattern of bruising on Flick's wrists corresponded to the handcuffs found on her wrists. Petechiae were found on her face and neck, indicating ruptured blood vessels caused by strangulation. Flick also had ligature bruising on her neck that matched the pattern of the necklace she was wearing. Based on these injuries, the coroner concluded that Flick had been strangled and had struggled with her assailant while she was handcuffed.
Leonard was indicted on two counts of aggravated murder. The first count charged Leonard with purposely causing Flick's death while committing or attempting to commit rape. R.C. 2903.01(B). The second count charged Leonard with purposely and with prior calculation and design causing Flick's death. R.C. 2903.01(A). Leonard was also indicted for attempted murder in Counts Three and Four (R.C. 2903.02 and 2923.02 ), rape in Count Five (R.C. 2907.02 [A] [2] ), and kidnapping in Count Six (R.C. 2905.01 [A] [2] ).
The aggravated-murder counts each contained two death-penalty specifications. The first specification charged aggravated murder as part of a course of conduct to kill or attempt to kill two or more persons. R.C. 2929.04(A)(5). The second specification charged aggravated murder during a rape or an attempted rape. R.C. 2929.04(A)(7). Gun specifications were included with all counts except Count Six, kidnapping.
State v. Leonard , 104 Ohio St.3d 54, 818 N.E.2d 229, 241–43 (2004).
On August 7, 2000, a grand jury in Hamilton County, Ohio indicted Leonard on two counts of aggravated murder with capital specifications, two counts of attempted murder, and one count each of rape and kidnapping. Trial commenced on May 15, 2001. On May 24, 2001, the jury found Leonard guilty of both counts of aggravated murder, one count of kidnapping, one count of attempted rape, and two counts of felonious assault. The jury acquitted Leonard of rape and both counts of attempted murder; the attempted rape and felonious assault convictions were for lesser included offenses. The penalty phase of the trial began on May 29, 2001. On May 31, 2001, the jury recommended a death sentence. The trial court adopted the jury's recommendation and imposed a death sentence on June 28, 2001.
Leonard appealed directly to the Ohio Supreme Court, which affirmed his convictions and sentence in 2004. Leonard , 818 N.E.2d 229. In 2005, Leonard attempted to reopen...
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