Smith v. Warden
Decision Date | 29 September 2017 |
Docket Number | CASE NO. 2:16-CV-533 |
Parties | JAMES H. SMITH, Petitioner, v. WARDEN, SOUTHEASTERN CORRECTIONAL INSTITUTION, Respondent. |
Court | U.S. District Court — Southern District of Ohio |
OPINION AND ORDER
Petitioner, a state prisoner, brings the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the Court on the Petition, Respondent's Return of Writ, Petitioner's Reply, and the exhibits of the parties. For the reasons that follow, this action is hereby DISMISSED.
Petitioner's Motion to Amend/Correct (ECF No. 10), is GRANTED. Petitioner's Motion to Add Affidavit (ECF No. 14), is DENIED, as moot. Petitioner's Motion for Judicial Notice (ECF No. 12), is GRANTED IN PART AND DENIED IN PART. Petitioner's unopposed Motion to Expand/Complete Record Pursuant to Rule 5 of the Rules governing Section 2254 Cases (ECF No. 23), to include a copy of the transcripts of pre-trial proceedings, is GRANTED. Petitioner's request for a certificate of appealability is GRANTED.
The Ohio Tenth District Court of Appeals summarized the facts and procedural history of this case as follows:
State v. Smith, No. 13AP-973, 2015 WL 872753, at *1-3 (Ohio App. 10th Dist. March 3, 2015). On March 3, 2015, the appellate court affirmed the judgment of the trial court. Id. On June 24, 2015, the Ohio Supreme Court declined jurisdiction of the appeal. State v. Smith, 142 Ohio St.3d 1520 (Ohio 2015).
On June 13, 2016, Petitioner filed the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He asserts that the trial court improperly exposed the jury to inadmissible hearsay (ground A); that he was convicted in violation of the Confrontation Clause (ground B); that the trial court improperly permitted certain stipulations by the parties that violated the Confrontation Clause, without determining whether Petitioner knowingly, intelligently, and voluntarily waived that right (ground C); that he was denied the effective assistance of counsel based on his attorney's agreement to enter into stipulations regarding the elements of the robbery and kidnapping charges and Sprint phone records; failure to file a motion to sever the charges related to the July 12, 2012, Red Robin robbery (ground D); that he was denied due process due to the admission of certain articles and information during jury deliberations that had not been admitted at trial (ground E); that the trial court improperly imposed consecutive terms of incarceration on Petitioner's firearm specifications (ground F); that he was denied a fair trial based on cumulative error (ground G); that the evidence was constitutionally insufficient to sustain his convictions (ground H); and that his convictions on aggravated robbery and kidnapping should have been merged at sentencing (ground I). It is the position of the Respondent that Petitioner's claim should be dismissed as procedurally defaulted or without merit.
Petitioner has filed a motion to amend the Petition to include additional facts and arguments from his state appellate brief in support of habeas corpus grounds A and B, in which he asserts that the trial court improperly exposed the jury to inadmissible hearsay and erred in admitting certain testimony, in violation of the Confrontation Clause. Petitioner indicates that these claims are related. He requests the Court to conduct a de novo review of ground B. Petitioner also provides additional argument in support of ground D, in which he asserts that he was denied effective assistance of trial counsel.
Respondent opposes Petitioner's motion to amend. See Respondent's Memorandum in Opposition to Petitioner's Motion for Leave to Amend Petition. (ECF No. 19.) According to the Respondent, the one-year statute of limitations provided in 28 U.S.C. § 2244(d) bars amendment of the Petition, and any amendment would, in any event, be futile. Respondent additionally contends that the Court should bar any amendment of the Petition, as Petitioner could have included these facts in support in his initial filing and may provide additional legal arguments through the filing of a Traverse. Id. However, Respondent also maintains that the Court should dismiss Petitioner's claims for failure to comply with Rule 2(c) of the Rules Governing Section 2254 Cases, which requires that a pleader provide sufficient facts in support of his claims. Return of Writ (ECF No. 7, PageID# 32-34.)
"Dismissal under Habeas Rule 2(c) is appropriate in cases . . . where the petition and accompanying documents, as well as petitioner's additional pleadings and notices, contain 'so many unintelligible and conclusory allegations and statements' that it is impossible for the Court to determine 'the exact errors of fact or law' that have been raised for adjudication or even whether petitioner's stated grounds for relief pertain to anything that occurred in the challenged [] criminal case." Rice v. Warden, No. 1:14-cv-732, 2015 WL 5299421, at *4 (S.D. Ohio Sept. 9, 2015) ( ). Despite Respondent's argument to the contrary, such are not the circumstances here. Moreover, the Court liberally construes the allegations of a pro se petitioner, and holds a pro se prisoner's complaint to less stringent standards than formal pleadings...
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