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Minor v. Clipper

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

January 6, 2017

TERRENCE MINOR, Petitioner,
v.
KIMBERLY CLIPPER, Warden, Respondent.

          MEMORANDUM OF OPINION AND ORDER

          CHRISTOPHER A. BOYKO United States District Judge.

         This matter comes before the Court on Petitioner Terrence Minor's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (ECF #1). For the following reasons, the Court accepts and adopts the Magistrate Judge's Report and Recommendation and dismisses Petitioner's Petition.

         FACTS

         The following is a factual synopsis of Petitioner's claims. The Magistrate Judge's Report and Recommendation, adopted and incorporated, provides a more complete and detailed discussion of the facts.

         On October 7, 2011, the Summit County Grand Jury charged Petitioner with one count of Aggravated Murder with a Firearm Specification, one count of Murder with a Firearm Specification and one count of Having a Weapon While Under Disability. Petitioner entered a guilty plea to Having a Weapon While Under Disability and a trial was held on the remaining counts. On February 10, 2012, the jury found Petitioner guilty of Aggravated Murder and Murder, both with Firearm Specifications.

         On March 9, 2012, the trial court sentenced Petitioner to life in prison with the possibility of parole after twenty-five years on Aggravated Murder with a mandatory three-year sentence for the Firearm Specification; fifteen years to life in prison on Murder with a mandatory three-year sentence for the Firearm Specification and twelve months on Having a Weapon While Under Disability. The Murder charge and both Firearm Specifications were merged with the sentence for Aggravated Murder. The trial court ordered that the post-merger three-year mandatory sentence for the Firearm Specification was to be served consecutively and prior to the sentence imposed for the Aggravated Murder and Having a Weapon While Under Disability charges. The sentences imposed for Aggravated Murder and Having a Weapon While Under Disability were ordered to be served consecutively.

         On March 27, 2012, Petitioner filed a Notice of Appeal with the Court of Appeals for the Ninth Appellate District. On February 20, 2013, the Court of Appeals affirmed Petitioner's conviction. On May 14, 2013, Petitioner filed an Application to Reopen his Direct Appeal. On July 8, 2013, the Ninth District Court of Appeals denied Petitioner's Application to Reopen. Petitioner filed a Notice of Appeal and Motion for Leave to File a Delayed Appeal in the Supreme Court of Ohio on November 20, 2013. On January 22, 2014, the Supreme Court of Ohio denied Petitioner's Motion for a Delayed Appeal and dismissed the case. On February 3, 2014, Petitioner filed a Motion for Leave to File a Delayed Application for Reconsideration in the Ninth District Court of Appeals. The Ninth District Court of Appeals denied Petitioner's Motion for Leave to File a Delayed Application for Reconsideration. On April 7, 2014, Petitioner timely appealed the decision of the Ninth District Court of Appeals to the Supreme Court of Ohio. That same day, Petitioner filed a Motion for Leave to File a Discretionary Appeal. The Supreme Court of Ohio declined jurisdiction on June 11, 2014.

         Petitioner filed the instant Petition on February 10, 2014, asserting the following grounds for relief:

GROUND ONE: Insufficiency of the evidence.
GROUND TWO: Verdict against the weight of the evidence.
GROUND THREE: Ineffective assistance of appellate counsel.
GROUND FOUR: Trial court erred.

         Petitioner later amended his Petition to add ...


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