Coleman v. Bradshaw
Decision Date | 04 September 2020 |
Docket Number | No. 15-3442,15-3442 |
Citation | 974 F.3d 710 |
Parties | Timothy L. COLEMAN, Petitioner-Appellant, v. Margaret BRADSHAW, Warden, Respondent-Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
ARGUED: Timothy F. Sweeney, LAW OFFICE OF TIMOTHY F. SWEENEY, Cleveland, Ohio, for Appellant. Margaret Moore, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Timothy F. Sweeney, LAW OFFICE OF TIMOTHY F. SWEENEY, Cleveland, Ohio, John P. Parker, Cleveland, Ohio, for Appellant. Stephen E. Maher, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.
Before: BATCHELDER, GRIFFIN, and BUSH, Circuit Judges.
An Ohio prisoner, sentenced to death, appeals the denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We AFFIRM .
On January 2, 1996, Timothy Coleman killed Melinda Stevens to keep her from testifying against him at his trial on charges of drug trafficking. The grand jury indicted Coleman in March 1996 for aggravated murder. See Ohio Rev. Code Ann. § 2903.01(A) (1996). Count 1 of the indictment attached a capital-specification for his killing a witness to prevent her testimony, see id. § 2929.04(A)(8), as well as a firearm-specification, see id. § 2929.71. Count 2 charged Coleman with unlawful possession of a firearm. See id. § 2923.13.
In February 1997, a jury convicted Coleman of both counts and recommended a death sentence. The Ohio trial court sentenced him to death and four-and-a-half years in prison. Coleman unsuccessfully sought relief on direct appeal. See State v. Coleman , 85 Ohio St.3d 129, 707 N.E.2d 476 (1999), cert. denied , 528 U.S. 954, 120 S.Ct. 379, 145 L.Ed.2d 296 (1999). The Supreme Court of Ohio recounted the pertinent facts as follows:
Coleman ...
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