Lynch v. Turner

• Decision Date: 22 March 2022
• Docket Number: 1:19-CV-02240-SL
• Parties: CORNELIUS LYNCH, Plaintiff, v. WARDEN NEIL TURNER, Defendant.
• Court: U.S. District Court — Northern District of Ohio

CORNELIUS LYNCH, Plaintiff, v. WARDEN NEIL TURNER, Defendant.

No. 1:19-CV-02240-SL

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

March 22, 2022

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 Cornelius Lynch (“Lynch” or “Petitioner”), for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254. Lynch is in the custody of the Ohio Department of Rehabilitation and Correction pursuant to journal entry of sentence in the case State v. Lynch, Cuyahoga County Court of Common Pleas Case No. 14-CR-585501-A. For the following reasons, the undersigned recommends that the Petition be DENIED.

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 Lynch's conviction as follows:

{¶ 2} The instant appeal arose from an incident that occurred between Lynch and his girlfriend's daughter, M.H. At the time of the incident, M.H. was 12 years old, and Lynch had been living with his girlfriend, S.P., and M.H. for a few years. M.H. alleged that Lynch sexually assaulted her on May 26, 1994. M.H. reported the incident to her mother the next morning, and M.H. went to the hospital where a rape kit examination was performed. M.H. spoke with hospital staff and the police about the incident, and she indicated that Lynch was her assailant. Cuyahoga County Division of Children and Family Services (“CCDCFS”) investigators also interviewed M.H. and Lynch. Approximately two weeks later, M.H. recanted her allegations against Lynch.

{¶ 3} Although M.H. recanted her allegations, her rape kit was submitted to the Ohio Bureau of Criminal Investigation (“BCI”) for DNA testing in August 2012. DNA testing established that Lynch could not be excluded as the source of semen on the vaginal swab from the rape kit.

{¶ 4} After learning of the DNA match, investigators reinterviewed M.H. and S.P. M.H. informed the investigators that Lynch assaulted her in May 1994.

{¶ 5} On May 15, 2014, in Cuyahoga C.P. No. CR-14-585501-A, the Cuyahoga County Grand Jury returned a three-count indictment charging Lynch with (1) rape, a first-degree felony in violation of R.C. 2907.02(A)(1)(b), with a furthermore specification alleging that Lynch purposely compelled the victim to submit by force or threat of force, (2) rape, a first-degree felony in violation of R.C. 2907.02(A)(1)(b), and (3) kidnapping, a first-degree felony in violation of R.C. 2905.01(A)(4). Count 1 alleged that Lynch engaged in vaginal intercourse with M.H., and Count 2 alleged that Lynch engaged in cunnilingus with M.H. Lynch was arraigned on May 30, 2014. He pled not guilty to the indictment. Shortly after Lynch was indicted, S.P. died.

{¶ 6} Lynch's counsel filed a motion to withdraw on July 2, 2014. The trial court granted counsel's motion, and the court assigned a new attorney to represent Lynch on July 9, 2014.

{¶ 7} On October 31, 2014, Lynch's counsel filed motions for independent DNA analysis and to dismiss the indictment based on preindictment delay. Lynch's counsel filed a supplemental motion to dismiss based on preindictment delay on November 17, 2014. On February 12, 2015, the trial court denied defense counsel's motion to dismiss.

{¶ 8} On August 5, 2015, Lynch's counsel filed a motion for reconsideration of the motion to dismiss for preindictment delay. The trial court denied defense counsel's motion for reconsideration on October 2, 2015.

{¶ 9} On February 2, 2016, Lynch's counsel filed a second supplemental motion to dismiss based on preindictment delay. On February 12, 2016, the trial court denied defense counsel's motion to dismiss.

{¶ 10} A jury trial commenced on March 7, 2016. On March 10, 2016, the trial court declared a mistrial based on an issue that arose with one of the 12 jurors. On March 11, 2016, Lynch's second attorney filed a motion to withdraw as counsel. The trial court granted counsel's motion, and the court assigned a new attorney to represent Lynch on March 17, 2016.

{¶ 11} On September 9, 2016, Lynch's counsel filed a motion to reconsider the defense's previous motions to dismiss based on preindictment delay. After holding a hearing, the trial court denied the motion to reconsider on September 13, 2016.

{¶ 12} A second jury trial commenced on September 15, 2016. At the close of trial, the jury found Lynch guilty on all three counts on September 20, 2016. The trial court referred Lynch to the probation department for a presentence investigation report and set the matter for sentencing.

{¶ 13} The trial court held a sentencing hearing on October 20, 2016. The trial court merged Counts 1 and 3 for sentencing purposes. The state elected to sentence Lynch on Count 1. The trial court imposed a prison term of15 years to life on Count 1, and a prison term of15 years to life on Count 2. The trial court ordered the counts to run concurrently. The trial court found Lynch to be a sexually oriented offender and reviewed his reporting requirements.

State v. Lynch, 2018-Ohio-1078, 109 N.E.3d 628, 631-33 (Ohio Ct. App. 2018).

II. Procedural History

A. Trial Court Proceedings

On May 15, 2014, the Cuyahoga County Grand Jury indicted Lynch on the following charges: two counts of rape in violation of O.R.C. § 2907.02(A)(1)(b) and one count of kidnapping in violation of O.R.C. § 2905.01(A)(4). (Doc. No. 7-1, Ex. 1.) Lynch entered pleas of not guilty to all charges. (Doc. No. 7-1, Ex. 2.)

Before trial, Lynch, through counsel, filed a motion to dismiss the indictment for pre-indictment delay. (Doc. No. 7-1, Ex. 3.) The state filed a brief in opposition. (Doc. No. 7-1, Ex. 4.) On November 17, 2014, Lynch filed a supplemental motion to dismiss the indictment for pre-indictment delay. (Doc. No. 7-1, Ex. 5.) On February 12, 2015, the trial court denied Lynch's motion to dismiss. (Doc. No. 7-1, Ex. 6.)

On August 5, 2015, Lynch, through counsel, filed a motion for reconsideration of the motion to dismiss. (Doc. No. 7-1, Ex. 7.) The State filed a brief in response. (Doc. No. 7-1, Ex. 8.) On October 2, 2015, the trial court denied Lynch's motion for reconsideration. (Doc. No. 7-1, Ex. 9.)

On February 2, 2016, Lynch, through counsel, filed a second supplemental motion to dismiss the indictment for pre-indictment delay. (Doc. No. 7-1, Ex. 10.) The State filed a brief in response. (Doc. No. 7-1, Ex. 11.) On February 17, 2016, the trial court denied Lynch's motion to dismiss for preindictment delay. (Doc. No. 7-1, Ex. 12.)

The case proceeded to jury trial on March 7, 2016. (Doc. No. 8 at PageID #789, 793-94.) On March 10, 2016, the trial court declared a mistrial after removing a juror for his inability to follow the instructions given by the Court and his inability to adhere to his oath as a juror. (Id. at PageID #1302.)

On September 9, 2016, Lynch, through counsel, filed a motion to reconsider Lynch's motion to dismiss. (Doc. No. 7-1, Ex. 13.) On September 13, 2016, the trial court denied Lynch's motion for reconsideration. (Doc. No. 7-1, Ex. 14.)

The case proceeded to jury trial on September 14, 2016. (Doc. No. 8 at PageID #1334.) On September 20, 2016, the jury returned a verdict finding Lynch guilty as charged in the indictment. (Doc. No. 7-1, Ex. 15.)

On October 20, 2016, the state trial court held a sentencing hearing. (Doc. No. 7-1, Ex. 16.) The trial court sentenced Lynch to an aggregate sentence of15 years to life in prison. (Id.) Count Three merged with Count One and the State elected to sentence on Count One. (Id.) The trial court imposed concurrent sentences of 15 years to life for Count One and 15 years to life for Count Two. (Id.)

B. Direct Appeal

Lynch, through new counsel, filed a timely notice of appeal to the Eighth District Court of Appeals. (Doc. No. 7-1, Ex. 17.) In his appellate brief, he raised the following assignments of error:

I. Mr. Lynch's rights to due process and a fair trial were violated when the trial court denied his motion to dismiss for pre-indictment delay and then denied his motion to reconsider that ruling.

II. Prosecutorial misconduct in encouraging the jury to convict based on sympathy for M.H. violated Mr. Lynch's constitutional rights to a fair trial and due process and to be convicted based only on the evidence against him.

III. Counsel provided constitutionally ineffective assistance when he failed to object to the prosecutor's improper argument as set forth in the Second Assignment of Error.

IV. Because there was no manifest necessity for the trial court to grant a mistrial, the constitutional protection against being twice put in jeopardy for the same offense required that the charges against Mr. Lynch be dismissed.

(Doc. No. 7-1, Ex. 18.) The State filed a brief in response (Doc. No. 7-1, Ex. 19), to which Lynch replied. (Doc. No. 7-1, Ex. 20.)

On March 22, 2018, the state appellate court affirmed Lynch's convictions. (Doc. No. 7-1, Ex. 22.) See also State v. Lynch, 2018-Ohio-1078, 109 N.E.3d at 631.

On May 7, 2018, Lynch, through counsel, filed a Notice of Appeal with the Supreme Court of Ohio. (Doc. No. 23.) In his Memorandum in Support of Jurisdiction, Lynch raised the following Propositions of Law:

I. A trial court violates a defendant's rights against double jeopardy by trying him a second time when, without manifest necessity, it had previously declared a mistrial over his personal

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