Bentz v. Wainwright

• Decision Date: 07 May 2021
• Docket Number: 3:19 CV 1203
• Parties: JUSTIN BENTZ, Petitioner, v. LYNEAL WAINWRIGHT, Warden Respondent.
• Court: U.S. District Court — Northern District of Ohio

JUSTIN BENTZ, Petitioner, v. LYNEAL WAINWRIGHT, Warden Respondent.

No. 3:19 CV 1203

United States District Court, N.D. Ohio, Eastern Division

May 7, 2021

SARA LIOI JUDGE

REPORT & RECOMMENDATION

JONATHAN D. GREENBERG UNITED STATES MAGISTRATE JUDGE

This matter is before the magistrate judge pursuant to Local Rule 72.2. Before the Court is the Petition of Justin Bentz (“Bentz” or “Petitioner”), for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254. Bentz is in the custody of the Ohio Department of Rehabilitation and Correction pursuant to journal entry of sentence in the case State v. Bentz, No. CR 2015 024. For the following reasons, the undersigned recommends that the Petition be DISMISSED.

I. Summary of Facts

In a habeas corpus proceeding instituted by a person in custody pursuant to the judgment of a state court, factual determinations made by state courts are presumed correct unless rebutted by clear and convincing evidence. 28 U.S.C § 2254(e)(1); see also Franklin v. Bradshaw, 695 F.3d 439, 447 (6th Cir. 2012); Montgomery v. Bobby, 654 F.3d 668, 701 (6th Cir. 2011). The state appellate court summarized the facts underlying Bentz's conviction as follows:

{¶ 2} This case stems from allegations that Bentz, who was a police officer for the city of Lima, engaged in nonconsensual sex with 16 year old K.A. on June 11, 2015. Bentz met K.A. through Kelli A. (“Kelli”), the girlfriend of Bentz's roommate, David Irwin (“Irwin”). K.A., Kelli's sister, was staying the night at the residence Irwin and Kelli shared with Bentz. On July 16, 2015, the Allen County Grand Jury indicted Bentz on: Count One of rape in violation of R.C. 2907.02(A)(2), a first-degree felony; Count Two of kidnapping in violation of R.C. 2905.01(A)(2), a first-degree felony; Count Three of sexual battery in violation of R.C. 2907.03(A)(2), a third-degree felony; Count Four of sexual battery in violation of R.C. 2907.03(A)(13), a third-degree felony; and Count Five of offenses involving underage persons in violation of R.C. 4301.69(A), a first-degree misdemeanor. (Doc. No. 3). Bentz pled not guilty to the counts of the indictment on July 23, 2015. (Doc. No. 221).

{¶ 3} On July 20, 2015, Bentz filed a motion for a bill of particulars, which the State provided on August 11, 2015. (Doc. Nos. 8, 17). The State filed an amended bill of particulars on November 5, 2015. (Doc. No. 119).

{¶ 4} On January 21, 2016, Bentz filed a motion to dismiss Count Four of the indictment. (Doc. No. 184). In that motion, Bentz argued that (1) he was not a “peace officer” at the time of the alleged offense or (2) R.C. 2907.03(A)(13) is unconstitutional. (Id.). On January 21, 2016, Bentz filed a motion in limine to exclude the testimony of the Sexual Assault Nurse Examiner (“SANE”), Ronda Norris (“Norris”). (Doc. No. 185). The State filed memorandums in opposition to Bentz's motion to dismiss and motion in limine on February 4, 2016. (Doc. Nos. 187, 188).

{¶ 5} On February 8, 2016, the trial court denied Bentz's motion to dismiss and motion in limine. (Doc. Nos. 191, 192).

{¶ 6} The case proceeded to a bench trial on February 16 and 17, 2016. (Feb. 16 17, 2016 Tr., Vol. I, at 1); (Feb. 16 17, 2016 Tr., Vol. II, at 309). The trial court found Bentz guilty of all of the counts of the indictment on February 23, 2016. (Doc. No. 221); (Feb. 23, 2016 Tr. at 5 7). The trial court filed its “judgment entry of conviction” on February 24, 2016. (Doc. No. 221).

{¶ 7} On April 8, 2016, the State filed a motion conceding that the rape and sexual-battery offenses of which Bentz was found guilty are allied offenses of similar import and subject to merger. (Doc. No. 225). The State indicated in its motion that it elected to pursue the offense of rape for purposes of conviction and sentencing. (Id.). Bentz filed a memorandum in opposition to the State's motion arguing that the kidnapping offense of which he was found guilty is an allied offense of similar import to the rape and sexual-battery offenses of which he was found guilty. (Doc. No. 226).

{¶ 8} The trial court held a sentencing and a sex-offender registration hearing on April 14, 2016. (Apr. 14, 2016 Tr. at 1, 31). The trial court agreed with the State's argument as to merger and merged Counts One, Three, and Four, and denied Bentz's motion requesting that Count Two be merged with those counts. (Id. at 24). The trial court sentenced Bentz to ten years in prison on Count One, four years in prison on Count Two, and 60 days in jail on Count Five. (Id. at 25 28); (Doc. No. 232). The trial court ordered that Bentz serve the terms for Counts One and Two consecutively, and ordered that Bentz serve the term for Count Five concurrently to Counts One and Two, for an aggregate sentence of 14 years. (Id. at 28 29); (Id.). The trial court also classified Bentz as a Tier III sex offender. (Apr. 14, 2016 Tr. at 31). The trial court filed its judgment entries of sentence and sex-offender classification on April 14, 2016. (Doc. Nos. 231, 232).

State v. Bentz, 93 N.E.3d 358, 36364 (Ohio App. 2017).

II. Procedural History A.Trial Court Proceedings

On July 16, 2015, an Allen County Grand Jury indicated Bentz on the following charges: one count of Rape, in violation of R.C. 2907.02(A)(2); one count of Kidnapping, in violation of R.C. 2905.01(A)(2); one count of Sexual Battery, in violation of R.C. 2907.03(A)(2); one count of Sexual Battery, in violation of R.C. 2907.03(A)(13); and one count of Offenses Involving Underage Persons, in violation of R.C. 4301.69(A). (Exhibit 1.) All counts involved the same victim. Bentz, through counsel, entered a plea of not guilty to the indictment and the case was set for trial.

On January 21, 2016, Bentz moved to dismiss the charge of sexual battery pursuant to R.C. 2907.03(A)(13) as unconstitutional and argued that he was not a “peace office” at the time of the incident. (Doc. No. 5-1 at Ex. 2). The State filed a motion to dismiss in response. (Id. at ¶ 3.) On February 8, 2016, the trial court overruled the motion to dismiss. (Id. at Ex. 4.) Also on February 8, 2016, Bentz waived his right to a jury trial. (Id. at Ex. 5.)

The case proceeded to a bench trial and on February 23, 2016, the trial court found Bentz guilty as charged in the indictment. (Id. at Ex. 6.)

For sentencing purposes, the court merged the rape and sexual battery counts and the State elected to proceed on the count of rape. Bentz was ordered to serve ten years incarceration for rape and a term of four years for kidnapping, to be served consecutively. The court imposed a sentence of sixty days for his conviction for offenses involving underage persons, to be served concurrently with his other sentences. Bentz was also classified as a Tier III sex offender. The sentencing entry was journalized on April 14, 2016. (Id. at Ex. 7.)

B. Direct Appeal

Bentz, through counsel, filed a timely notice of appeal to the Third District Court of Appeals, Allen County. (Id. at Ex. 8.) In his appellate brief, he raised the following assignments of error:

I. The trial court erred when it convicted the Defendant for violating Ohio Revised Code Section 2907.03(A)(13).

II. The trial court erred when it considered irrelevant evidence in determining the credibility of the Defendant.

III. The trial court erred when it convicted the Defendant of Kidnapping when there was no evidence of force or threat of force or flight.

IV. The trial court erred when it convicted the Defendant of all charges except R.C. 4301.69(A) against the manifest weight of the evidence.

V. The trial court erred when it convicted the Defendant of all charges except R.C. 4301.69(A) despite the ineffective assistance of counsel for the Defendant.

(Id. at Ex. 9.) The State filed a brief in response. (Id. at Ex. 10.) Bentz filed a Reply. (Id. at Ex. 11.)

On June 26, 2017, the Court of Appeals sustained the first and third assignments of error, reversing the trial court's judgment as to those convictions and remanding the case for further proceedings. The remaining assignments of error were overruled. (Id. at Ex. 12.)

Bentz, through counsel, filed a timely notice of appeal to the Ohio Supreme Court. (Id. at Ex. 13.) Bentz did not identify his specific propositions of law in his memorandum in support of jurisdiction, but argued the same issues as those set forth in this second and fourth assignments of error in his appellate brief. (Id. at Ex. 14.)

On February 28, 2018, the Ohio Supreme Court declined jurisdiction pursuant the S.Ct.Prac.R. 7.08(B)(4). (Id. at Ex. 15.)

C. Remand to Trial Court

On September 27, 2017, pursuant to the Court of Appeals opinion and judgment entry filed June 26, 2017, the trial court vacated Bentz's conviction for kidnapping and four-year prison sentence and ordered that Bentz serve a prison sentence of ten years for his conviction for rape. (Id. at Ex. 16.)

D. Federal Habeas Petition

On May 27, 2019, Bentz, represented by counsel, filed a Petition for Writ of Habeas Corpus in this Court and asserted the following ground for relief:

GROUND ONE: Petitioner was deprived the effective assistance of counsel when he failed to prevent leading testimony.

Supporting Facts: Trial counsel failed to object when the prosecutor used leading questions throughout the victim's testimony. The Petitioner was prejudiced because the victim made multiple inconsistent statements regarding her sobriety and her consent. Coupled with the unreasonableness of some of her statements, the judge's improper statements and the court of appeals reversal, there is a reasonable probability the result would have been different.

(Doc. 1.)

On October 10, 2019, Warden Lyneal Wainwright (“Respondent”) filed his Return of Writ. (Doc No. 5.) Bentz filed a Traverse on February 13, 2020. (Doc....