Lewis v. Cardwell
Citation | 354 F. Supp. 26 |
Decision Date | 19 May 1972 |
Docket Number | Civ. A. No 71-76. |
Parties | Arthur Ben LEWIS, Jr., Petitioner, v. Harold J. CARDWELL, Warden, et al., Respondents. |
Court | U.S. District Court — Southern District of Ohio |
COPYRIGHT MATERIAL OMITTED
Bruce A. Campbell, Campbell, Boyland & Schwarzwalder, Columbus, Ohio, for petitioner.
William J. Brown, Atty. Gen., Jeffrey L. McClelland, Asst. Atty. Gen., Columbus, Ohio, for respondents.
Petitioner, a state prisoner, brings this action for a writ of habeas corpus under the provisions of Title 28, United States Code, Section 2241(c)(3).
This matter is before the Court on the petition, return of writ, briefs and exhibits of the parties, the bill of exceptions in State v. Arthur Ben Lewis, Jr., No. 3952 (Delaware Cty.C.P.Ct.1968) and an evidentiary hearing held on April 20, 1972.
On November 8, 1967, the Delaware County Grand Jury returned an indictment charging petitioner with the crime of murder in the first degree. He was tried before a jury on March 4-21, 1968, and found guilty with the recommendation of mercy. On March 29, 1968, he was sentenced to life imprisonment in the Ohio Penitentiary.
Petitioner appealed to the Fifth District Court of Appeals for Delaware County which affirmed the judgment of conviction. He then appealed to the Ohio State Supreme Court which, in State v. Lewis, 22 Ohio St.2d 125, 258 N.E.2d 445 (1970), also affirmed the judgment of conviction.
Petitioner alleges that he is in the custody of respondent in violation of the Constitution of the United States, in that:
Each of the claims for relief will be considered below.
First, the Court will summarize the relevant facts underlying the judgment of conviction as they appear in the bill of exceptions in State v. Arthur Ben Lewis, Jr., No. 3952 (Delaware Cty.C. P.Ct.1968) and as found by this Court after the evidentiary hearing.
On July 19, 1967 at approximately 2:35 p. m., the body of Paul Radcliffe was found in the brush along the bank of the Olentangy River near the old Tilton building in Delaware County, Ohio. Radcliffe had been killed by multiple pellet wounds of the chest, right arm and right hip.
Delaware County Deputy Sheriffs arrived on the scene shortly after the discovery of the body. They, together with employees of the Bureau of Criminal Investigation and Identification (BCI), investigated the murder scene. Radcliffe's automobile, a 1963 Oldsmobile, was found over the bank of the Olentangy River in the brush near the victim. No weapon was found.
The investigators made casts of tire tracks found at the scene.1 They also removed foreign paint scrapings from the right rear bumper and fender of Radcliffe's car.
Delaware County Sheriff Eugene Jackson requested the assistance of the Division of Criminal Activities of the Office of the Attorney General of Ohio to investigate the murder. In the succeeding months, the investigation was conducted by Delaware County Deputy Sheriff William Lavery and Chief Investigator Clyde Mann of the Division of Criminal Activities.
Early in the investigation it was learned that in May of 1967 a Columbus businessman, Jack Smith, had become interested in purchasing a business owned by petitioner, Graham's Auto Specialists. They had entered into a contract of purchase at $30,000.00 with a closing date of July 22, 1967. Smith employed Paul Radcliffe, an accountant, to look at petitioner's books for Graham's Auto Specialists.
On July 24, 1967, Deputy Lavery talked with petitioner at Graham's Auto Specialists. Lavery testified at the evidentiary hearing that he considered petitioner a suspect from that time forward.
Mann and Lavery talked with petitioner again on September 28, 1967. At this time the investigation had focused in on petitioner as the prime suspect. Mann called petitioner on October 9, 1967 and requested that he come to the offices of the Division of Criminal Activities at 40 S. 3rd Street, Columbus, Ohio for additional questioning.
On the morning of October 10, 1967 at approximately 8:00 a. m., Deputy Lavery appeared before Delaware County Municipal Judge Thomas C. Clark and filed the following affidavit in support of an arrest warrant:
Before me, a Notary Public, personally came William B. Lavery, Deputy Sheriff, who, being duly sworn according to law, deposes and says, that one Arthur Ben Lewis, Jr., on or about the 19th day of July, 1967, at or about the hour of nine o'clock, A.M., within the...
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41 325 Cardwell v. Lewis 8212 1603
...Court, on a habeas corpus application, ruled that the examination was a search violative of the Fourth and Fourteenth Amendments. 354 F.Supp. 26 (SD Ohio 1972). The United States Court of Appeals for the Sixth Circuit affirmed. 476 F.2d 467 (1973). We granted certiorari, 414 U.S. 1062, 94 S......
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Keener v. Ridenour
...and Riley v. Havener, 391 F.Supp. 1177 (N.D.Ohio 1974); with Roush v. White, 389 F.Supp. 396 (N.D.Ohio 1975), and Lewis v. Cardwell, 354 F.Supp. 26 (S.D.Ohio 1972), Aff'd, 476 F.2d 467 (6th Cir. 1973), Rev'd on other grounds, 417 U.S. 583, 94 S.Ct. 2464, 41 L.Ed.2d 325 In Riley and Collins ......
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People v. Padilla
...Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564; Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419; Lewis v. Cardwell, 354 F.Supp. 26 (D.C.1972); In Re J. R. M., 487 S.W.2d 502 (S.Ct.Mo.1972); Commonwealth v. Heard, 451 Pa. 125, 301 A.2d 870 (1973); Stoddard v. State, 4......
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Riley v. Havener
...available to the petitioner: State v. Jones, 4 Ohio St.2d 13, 211 N.E.2d 198 (1965) (J. Herbert, concurring) and Lewis v. Cardwell 354 F.Supp. 26 (S.D.Ohio 1972). State v. Jones is inapposite. There Justice Herbert noted only that where a prior motion for leave to appeal has been denied a s......