United States District Court, N.D. Ohio, Eastern Division
SHANNON W. HALSTEAD, Petitioner,
DAVID W. GRAY,  Warden, Respondent.
MEMORANDUM OF OPINION AND ORDER [RESOLVING ECF NO.
Y. Pearson, United States District Judge.
Se Petitioner Shannon W. Halstead, currently an inmate
at the Belmont Correctional Institution, filed a Petition for
a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254
(ECF No. 1), alleging two (2) grounds for relief which
challenge the constitutional sufficiency of his conviction in
Cuyahoga County, Ohio Court of Common Pleas Case No.
CR-14-588993-A. The case was referred to Magistrate Judge
Kathleen B. Burke for a Report and Recommendation pursuant to
28 U.S.C. § 636 and Local Rule 72.2(b)(2). The
magistrate judge subsequently issued a Report &
Recommendation (ECF No. 11). In her Report, the magistrate
judge recommends that the Court deny the Petition because
Ground One is not cognizable in this federal habeas corpus
proceeding and/or is procedurally defaulted, and Ground Two
fails on the merits. ECF No. 11 at PageID #: 675. Petitioner
filed timely Objections to the Magistrate Judge's Report
(ECF No. 12). The Court, after reviewing the Objections,
hereby adopts the Report and denies the Petition.
was convicted in a jury trial of two counts of felonious
assault, one count of kidnapping, and one count of theft. ECF
No. 9-1 at PageID #: 84. The trial court sentenced him to
five years imprisonment on the two felonious assault
convictions, five years imprisonment on the kidnapping
conviction, and six months imprisonment on the theft
conviction. All three sentences were to be run concurrently
giving Petitioner a total of five years imprisonment. ECF No.
9-1 at PageID #: 85-86.
appealed to the Eighth District Court of Appeals of Ohio. ECF
No. 9-1 at PageID #: 87. He raised three assignments of
error. ECF No. 9-1 at PageID #: 95. The Ohio Court of Appeals
affirmed the trial court as to the first two assignments of
error, but agreed with Petitioner that kidnapping and
felonious assault were allied offenses that should have been
merged as the same offense. The case was remanded in part for
a new sentencing hearing. State v. Halstead, No.
102723, 2016 WL 515758, at *5, ¶¶ 19-20 (Ohio
App. 8th Dist. Jan. 28, 2016); ECF No. 9-1 at PageID #:
146. In May 2016, the Supreme Court of Ohio declined to
accept jurisdiction of the appeal, State v.
Halstead, 145 Ohio St.3d 1473 (2016); ECF No. 9-1 at
PageID #: 192, and Petitioner did not further appeal to the
United States Supreme Court.
2016, pursuant to the Ohio Court of Appeals' remand
order, the trial court merged Petitioner's kidnapping and
felonious assault counts; the state elected for Halstead to
be sentenced on the felonious assault count; and, the trial
court sentenced him to five years for felonious assault and
six months for theft, to be served concurrently, for an
aggregate sentence of five years in prison. ECF No. 9-1 at
PageID #: 193-94.
November 2016, Petitioner filed an Application for Reopening
Pursuant to Ohio App. R. 26(B). ECF No. 9-1 at PageID #:
195-203. It was denied by the Eighth District Court of
Appeals of Ohio in February 2017. State v. Halstead,
No. 102723, 2017 WL 526263 (Ohio App. 8th Dist. Feb.
6, 2017); ECF No. 9-1 at PageID #: 204-208. Petitioner did
not appeal this decision to the Ohio Supreme Court.
August 9, 2016, Petitioner filed the instant timely Petition
for a Writ of Habeas Corpus (ECF No. 1).
Standard of Review for a Magistrate Judge's Report and
objections have been made to the Magistrate Judge's
Report and Recommendation, the District Court standard of
review is de novo. Fed. R. Civ. 72(b)(3). A
must determine de novo any part of the magistrate judge's
disposition that has been properly objected to. The district
judge may accept, reject, or modify the recommended
disposition; receive further evidence; or return the matter
to the magistrate judge with instructions.
this Court has conducted a de novo review of the
portions of the Magistrate Judge's Report to which
Petitioner has properly objected.