Jackson v. Warden, Lebanon Corr. Inst., Case No. 3:13-cv-347
Decision Date | 25 March 2014 |
Docket Number | Case No. 3:13-cv-347 |
Parties | DENNIS D. JACKSON, Petitioner, v. WARDEN, Lebanon Correctional Institution, Respondent. |
Court | U.S. District Court — Southern District of Ohio |
This is an action pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus. Petitioner Dennis Jackson seeks release from a sentence of twenty-eight years to life imprisonment imposed on him in the Montgomery County Common Pleas Court upon his conviction on three counts of murder, two counts of aggravated robbery, and counts of aggravated burglary and felonious assault with firearm specifications (Petition, Doc. No. 1, ¶¶ 3, 5, PageID 4.)
On the Court's Order (Doc. No. 3), the Respondent has filed the state court record (Doc. No. 6) and a Return of Writ (Doc. No. 7). Petitioner has responded with a Reply (Doc. No. 9) and a Motion to Expand the Record (Doc. No. 8). These last filings make the case ripe for decision.
Jackson pleads the following grounds for relief:
The Warden asserts that each of Jackson's Grounds for Relief fails to state a claim upon which habeas corpus relief can be granted (Return of Writ, Doc. No. 7, PageID 1928-39).
Federal habeas corpus is available only to correct federal constitutional violations. 28 U.S.C. § 2254(a); Wilson v. Corcoran, 562 U.S. ___, 131 S. Ct. 13, 178 L. Ed. 2d 276 (2010); Lewis v. Jeffers, 497 U.S. 764, 780 (1990); Smith v. Phillips, 455 U.S. 209 (1982), Barclay v. Florida, 463 U.S. 939 (1983). Estelle v. McGuire, 502 U.S. 62, 67-68 (1991).
At the same time, it must be noted that Petitioner Jackson is proceeding pro se and litigants in that position are entitled to a liberal construction of their pleadings. Williams v. CSX Transportation Co., Inc., 643 F.3d 502, 510 (6th Cir. 2011), citing Federal Exp. Corp. V.Holowecki, 552 US. 389, 402 (1998); see also, Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Estelle v. Gamble, 429 U.S. 97, 106 (1976); McNeil v. United States, 508 U.S. 106, 113 (1993).
When read together, Jackson's First, Fourth, Fifth, Sixth, and Tenth Grounds for Relief, considered together, state a claim that the convictions in this case are not supported by sufficient evidence. As a matter of constitutional law, the Fourteenth Amendment requires that a criminal conviction be obtained on proof sufficient to persuade a rational trier of the facts of guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (1979); In re Winship, 397 U.S. 358 (1970); Johnson v. Coyle, 200 F.3d 987, 991 (6th Cir. 2000); Bagby v. Sowders, 894 F.2d 792, 794 (6th Cir. 1990)(en banc).
The Warden is correct that Jackson has not pled that Grounds One, Four, Five, Six, and Ten come within a particular constitutional guarantee, but they read easily on the case law cited in the preceding paragraph. Indeed, Jackson quotes the governing standard from Jackson v. Virginia, 443 U.S. 307 (1979), in the Fifth Ground for Relief. The Magistrate Judge concludes these five Grounds for Relief, taken together, state a claim that the convictions are not supported by sufficient evidence.
The Court however agrees with Respondent that insofar as Jackson is making a claim that he is entitled to habeas relief because he is actually innocent, he has failed to state a claim. The Supreme Court of the United States has never recognized actual innocence as a freestanding claim under the Constitution. A claim of actual innocence alone is insufficient to warrant habeas relief. Herrera v. Collins, 506 U.S. 390 (1993).
Case law in the Sixth Circuit establishes that the Supreme Court of the United States has never recognized a free-standing or substantive actual innocence claim. Cress v. Palmer, 484 F.3d 844, 854 (6th Cir. 2007), citing Zuern v. Tate, 336 F.3d 478, 482, n.1 (6th Cir. 2003), and Staley v. Jones, 239 F.3d 769, 780, n.12 (6th Cir. 2001). The Supreme Court has twice suggested that a "trulypersuasive demonstration" of actual innocence would render a petitioner's execution unconstitutional. Herrera v Collins, 506 U.S. 390, 417 (1993); House v. Bell, 547 U.S. 518 (2006).
Raymond v. Sheets, 2012 U.S. Dist. LEXIS 160374, *26-27 (S.D. Ohio Nov. 8, 2012).
Actual innocence may, however, be relevant to excuse a procedural default on another ground of habeas relief.
McQuiggin v. Perkins, 569 U.S. ___, 133 S. Ct. 1924, 1928, 185 L. Ed. 2d 1019, 1035 (2013).
For proof of his actual innocence, Jackson relies on the nine exhibits he wishes to add to the record with his Motion to Supplement (Doc. No. 8).
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