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Davis v. Bobby

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

June 13, 2017

ROLAND T. DAVIS, Petitioner,
v.
DAVID BOBBY, Warden, Respondent.

          SARGUS CHIEF JUDGE

          OPINION AND ORDER

          KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

         Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this Court a habeas corpus action pursuant to 28 U.S.C. § 2254. This matter is before the Court on Petitioner's Motion for Discovery (Doc. 108), Respondent's Opposition (Doc. 109), and Petitioner's Reply (Doc. 115).

         I. FACTUAL HISTORY

         The relevant underlying facts are taken from the Supreme Court of Ohio's 2008 opinion, State v. Davis:

During the late evening of July 10 or the early morning of July 11, 2000, an intruder entered 86-year-old Elizabeth Sheeler's Newark, Ohio apartment. The intruder then murdered Sheeler by stabbing her in the neck and chest. The intruder stole money from the apartment and fled the scene.
The murder went unsolved for almost four years. In 2004, DNA testing identified defendant-appellant, Roland Davis, as the murderer of Sheeler. Subsequently, Davis was convicted of the aggravated murder of Sheeler and sentenced to death.

2008-Ohio-2, ¶ 1, 116 Ohio St.3d 404, 404, 880 N.E.2d 31, 42-43.

         II. PROCEDURAL HISTORY

         Although Petitioner filed this case on February 5, 2010, it is still in its relative infancy. The operative complaint in this case was filed on May 1, 2015, and Petitioner's First Motion for Discovery is now before the Court. (Doc. 108). In the Motion, Petitioner seeks the following discovery related to his first, seventeenth, and eighteenth grounds for relief:

         A. First Ground for Relief: Wearing of Visible Stun Belt Device Without a Hearing on the Necessity for Shackling.

         Depositions of:

1. Courtroom deputies, Marcus Ramsey and Anthony Phillips;
2. Law enforcement personnel or persons responsible for maintaining, fixing, and placing the stun device on Davis;
3. Attorney Kirk McVey; 4. Attorney Andrew Sanderson.

         B. Seventeenth Ground for Relief: State's Failure to Disclose ...


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