United States District Court, N.D. Ohio, Eastern Division
OPINION AND ORDER
CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE.
se Petitioner Wiley Davis, Jr., filed this Petition for
a Writ of Habeas Corpus under 28 U.S.C. § 2241. Davis is
currently incarcerated in the Grafton Correctional
Institution, having been convicted in 1992 of Aggravated
Murder, Kidnaping and Aggravated Robbery with Felony Murder
and Firearm Specifications. He was originally sentenced to
death, but was resentenced to thirty years to life in 2011
after the Sixth Circuit Court of Appeals granted a
conditional Writ of Habeas Corpus. In this Petition, Davis
does not clearly specify the grounds he is asserting.
Instead, he appears to simply ask this Court to consider
mitigating factors and his remorse for the crime and commute
his sentence to time served. For the reasons set forth below,
the Petition is denied and this action is dismissed.
1992, a jury convicted Davis of two counts of Aggravated
Murder with three Felony-Murder specifications and a
three-year Firearm Specification, as well as four counts of
Kidnaping and Aggravated Robbery with three-year Firearm
Specifications. State v. Davis, No. 96908, 2012 WL
1253183, at *1-3 (Ohio Ct. App. Apr. 12, 2012). The trial
court on June 1, 1992, imposed the death penalty for the
Aggravated Murder charges, 15 to 25 years consecutively for
the Kidnaping and Aggravated Robbery charges, and three years
for the Firearm Specifications.
United States Court of Appeals for the Sixth Circuit granted
Davis habeas corpus relief by ruling that the trial court had
given the jury unconstitutional unanimity instructions during
the sentencing phase of the trial. Davis v.
Mitchell, 318 F.3d 682 (6th Cir. 2003). The Sixth
Circuit ordered a writ of habeas corpus to issue unless the
State of Ohio conducted a new penalty phase proceeding within
180 days of remand. In early December 2004, the trial court
issued a journal entry which provided in pertinent part as
follows: “Re-sentencing hearing held 12/08/2004.
Pursuant to the order of federal court, parties agree to 30
years actual to life plus 3 years actual on firearm
specification on Count 1 to run consecutive to Counts 3 and
4. All other conditions of original sentence remain.”
State v. Davis, No. 96908, 2012 WL 1253183, at *1-3
(Ohio Ct. App. Apr. 12, 2012). This entry did not reiterate
the charges on which Davis was convicted, the means of
conviction, or the sentences for the other offenses.
Id. at *1. Davis appealed.
Ohio Eighth District Court of Appeals relied on State v.
Baker, 119 Ohio St.3d 197 (2008) and found that the
December 2004 sentencing entry did not comply with Ohio
Criminal Rule 32. The entry did not state the means of
conviction for any of the counts, and it specified the
sentence only for Count 1. The court issued a Writ of
Mandamus and ordered the State of Ohio and the trial judge to
issue a final, appealable order in the underlying case which
removed the various jurisdictional impediments under Crim.R.
32, and Baker. Id. at *2.
on May 20, 2011, the trial court issued a nunc pro tunc entry
for the December 10, 2004 entry, stating:
On a former day[, ] a jury found defendant guilty of
aggravated murder[, ] in violation of R.C. 2903.01(A)[, ]
with felony murder specifications (specifications one, two
and three) and a firearm specification (specification four)
in Count 1; of aggravated murder[, ] in violation of
2903.01(B)[, ] with felony murder specifications
(specifications one, two and three) and a firearm
specification (specification four) in Count 2; of
kidnapping[, ] in violation of R.C. 2905.01[, ] with a
firearm specification (specification one) in Count 3; and of
aggravated robbery[, ] in violation of R.C. 2911.01[, ] with
a firearm specification (specification one) in Count 4. On a
former day[, ] Count 5 and Count 6 were dismissed without
On a former day[, ] defendant elected to have the aggravated
felony specifications in the indictment tried by this court.
The court found defendant guilty of aggravated felony
specifications (specifications five and six) in Count 1; of
aggravated felony specifications (specifications five and
six) in Count 2; of aggravated felony specifications
(specifications two and three) in Count 3; and of aggravated
felony specifications (specifications two and three) in Count
Resentencing held 12/08/2004 pursuant to the order of the
court in [State ex rel. Davis] (C.A. 6, 2003), 318 F.3d 682.
Parties agree to 30 years actual to life on Count 1
(aggravated murder) plus three years actual on the firearm
specification (specification four) in Count 1 to be served
prior to and consecutive with the base charge in Count 1.
Counts 1 and 2 were merged by order of the court in State v.
Davis, 76 Ohio St.3d 107, 1996-Ohio-414.
The felony murder specifications based upon committing or
attempting to commit rape (specifications three) in Counts 1
and 2 were reversed by order of the court in [Davis], 76 Ohio
St.3d 107, 1996-Ohio-414.
Defendant also sentenced to fifteen (15) to twenty-five (25)
years on each of Counts 3 and 4 to be served concurrently to
each other but consecutively to the sentence in Count 1.
Firearm specifications in Counts 2 through 4 to merge at
sentencing with firearm specification in Count 1.
Defendant to receive credit for all time ...