United States District Court, N.D. Ohio, Eastern Division
MEMORANDUM OF OPINION AND ORDER
CHRISTOPHER A. BOYKO United States District Judge.
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.
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.
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
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.
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.
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.
later amended his Petition to add ...