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.

Myers v. Haviland

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

October 26, 2017

CRAIG ROBERT MYERS, Pro Se, Petitioner
v.
JAMES HAVILAND, Respondent

          ORDER

          SOLOMON OLIVER, JR., UNITED STATES DISTRICT JUDGE

         Currently pending before the court in the above-captioned case is Pro Se Petitioner Craig Robert Myers' (“Petitioner” or “Mr. Myers”) Motion for Stay and Abeyance (Mot. for Stay, ECF No. 51). In his Motion for Stay and Abeyance, Mr. Myers indicates that he has an appeal pending in the Ohio Court of Appeals for the Sixth Appellate District (“state appellate court”). For the following reasons, the Motion for Stay is denied.

         Also pending before the court is the Report and Recommendation (“R & R”, ECF No. 46) of Magistrate Judge Jonathan D. Greenberg (“Magistrate Judge” or “Judge Greenberg”). Judge Greenberg recommended that the court dismiss Mr. Myers' Petition under 28 U.S.C. § 2254 (“§ 2254 Petition”) (ECF No. 1). (R & R, 1-2.) Judge Greenberg also recommended that the following motions filed by Mr. Myers be denied: (1) Motion for Evidentiary Hearing (ECF No. 31); (2) Motion for In Camera Examination of Medical Documents (ECF No. 32); (3) Motion to Supplement the Record (ECF No. 33); (4) Motion for Leave to Address Recently Obtained Information (ECF No. 34); (5) Motion for Leave to Expand the Record with Subpoenaed Cell Phone Records (ECF No. 42); (6) Motion for Leave to Expand the Record with Request for Written Finding (ECF No. 43); (7) Motion for Leave to Expand the Record with “any and all Defendant Exhibits A through K that were filed to the record on February 13, 2012” (ECF No. 44); and (8) Motion for Leave to Further Address October 11, 2012 Bond Revocation (ECF No. 45). Mr. Myers filed Objections (Objs., ECF No. 55) to Judge Greenberg's R & R after the extended filing deadline. For the following reasons, the court adopts Judge Greenberg's R & R and dismisses Mr. Myers' § 2254 Petition.

         Additionally, Mr. Myers' Motion for Leave to Expand the Record (ECF No. 52) is pending before the court. For the following reasons, the court denies Mr. Myers' Motion for Leave to Expand the Record (ECF No. 52).

         I. BACKGROUND

         Judge Greenberg's R & R exhaustively detailed the factual and procedural background of this case. The court, therefore, adopts the factual and procedural background articulated in the R & R and provides only a summary of the relevant facts.

         A. Factual Summary

         The Ohio Court of Appeals for the Sixth Appellate District summarized the facts underlying Mr. Myers' conviction as follows:

{¶ 2} On the evening of July 15, 2011, J.S., of Marion, Ohio, drove to Craig Myers' home in West Millgrove, Ohio, for dinner. The two had been in an on-and-off-again relationship for approximately a year-and-one-half. The relationship was strained, and the couple had discussed attending counseling together but had taken no action.
{¶ 3} After dinner that evening, Myers and J.S. began discussing their relationship. According to J. S., she told Myers that their relationship was over and that counseling would not alter her decision. Myers began yelling and became verbally abusive. J.S. attempted to leave, but Myers took her car keys and blocked the house exits. She yelled for help and begged Myers for several hours to let her go. During the altercation, J.S. claims that Myers held her by the throat and threw her against the wall and to the floor multiple times. When she tried to escape, he closed the back door on her leg and hand. J.S. testified that their physical and verbal altercation spanned several hours.
{¶ 4} According to J.S., after hours of verbally and physically struggling with Myers, she consciously changed her approach. Rather than aggressively trying to leave, she became passive. She allowed Myers to escort her to his bedroom whereupon he undressed her and had sex with her. Afterwards, J.S. testified that Myers calmed down and fell asleep.
{¶ 5} At approximately 2:00 a.m. on the morning of July 16, 2011, J.S. woke Myers and requested her keys. He voluntarily returned them, and she left. J.S. drove home, showered, and then went to Marion General Hospital's emergency department. She complained of a headache, as well as pain in her right shoulder, neck, chest, and right arm. Upon examination, she was found to have multiple bruises, contusions, and abrasions on her arms, legs, and chest. She reported the incident to the Wood County sheriff's office that same morning.
{ΒΆ 6} The state charged Myers with felonious assault, under R.C. 2903.11(A)(1), and abduction, under R.C. 2905.02(A)(2). The case went to a jury trial on May 8, 2013. At trial, several witnesses were called, including Katherine Mull, a licensed social worker from the Cocoon Shelter, a domestic violence victims' advocacy organization. Over the objection of the defense, the court permitted Mull to provide testimony describing battered-woman syndrome ...

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.