Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lewis v. Richards

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

June 9, 2017

DARNELL LEWIS, Petitioner,
v.
RHONDA RICHARDS, Warden, Respondent.

          Kathleen Burke Magistrate Judge.

          MEMORANDUM OPINION

          DONALD C. NUGENT JUDGE

         This matter is before the Court upon the Report and Recommendation of Magistrate Judge Kathleen B. Burke. The Magistrate Judge recommends that the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 by Petitioner, Darnell Lewis (Docket #1) be DISMISSED.

         Factual and Procedural History

         As set forth by the Magistrate Judge, the factual and procedural history of this case is as follows;

         I. Factual Background

         The state courts did not recite the facts that gave rise to the charges against Lewis. For context, the undersigned provides this brief summary that was presented by Respondent in her Motion:

On March 10, 2009, the Cuyahoga Count}' Grand Jury indicted Darnell Lewis for Aggravated Murder for shooting Alan Kropog following a dispute over $7.00. In a separate case, the grand jury indicted Lewis for the Attempted Murder of Lawrence Hill, and for Felonious Assault, Aggravated Robbery, Kidnapping, and Carrying a Concealed Weapon.

Doc. 8, p. 2; see also Doc. 8-1, p. 107 (state's opposition brief to Lewis's appeal to the Ohio Supreme Court).

         II. Procedural Background

         A. State Trial Court

         On March 10, 2009, a Cuyahoga Count)' Court of Common Pleas Grand Jury indicted Lewis for criminal activities against Lawrence Hill occurring on or about December 6, 2008, to wit: one count of attempted murder, R.C. § 2923.02/2903.02(A), two counts of felonious assault, R.C. § 2903.11(A)(1) and (2), two counts of aggravated robber)', § 2911.01(A)(1) and (3), one count of kidnapping, § 2905.01(A)(2), all with 1 and 3-year firearm specifications, and one count of carrying a concealed weapon, § 2923.12(A)(2). Doc. 8-1, pp. 3-8 (Case No. CR-09-521342). For criminal activities against Alan Kropog occurring on or about December 16, 2008, the Grand Jury, in a separate case, indicted Lewis on two counts of aggravated murder, § 2903.01(A) and (B), two counts of aggravated robbery, § 2911.01(A)(1) and (3), each with 1 and 3-year firearm specifications, and one count of having weapons under disability, § 2923.123(A)(2). Doc. 8-1, pp. 8-13 (Case No. CR-09-521856). Lewis, through appointed counsel, pleaded not guilty to all charges. Doc. 8-1, pp. 14-15.

         On June 3, 2009, Lewis, through counsel, withdrew his not guilty pleas in both cases and pleaded guilty to attempted murder and the 3-year firearm specification in Case No. 531342 and, in Case No. 521856, murder, the 3-year firearm specifications, and a forfeiture specification. Doc. 8-1, pp. 16-17. The state agreed to dismiss the remaining counts.

         In an entry filed July 6, 2009, the trial court sentenced Lewis in Case No. 521342 to 8 years for attempted murder and 3 years for the firearm specification, to be run consecutively for a total of 11 years; and in Case No. 21856, 15 years to life for murder and 3 years for the firearm specification, to be run consecutively for a total of 18 years to life; and these sentences to be served ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.