United States District Court, S.D. Ohio, Eastern Division
ROLAND T. DAVIS, Petitioner,
DAVID BOBBY, Warden, Respondent.
OPINION AND ORDER
KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE
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).
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
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:
First Ground for Relief: Wearing of
Visible Stun Belt Device Without a Hearing on the Necessity
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.
Seventeenth Ground for Relief:
State's Failure to Disclose ...