Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
Horton v. Warden, Madison Correctional Institution
United States District Court, S.D. Ohio, Eastern Division
November 16, 2017
RUFUS HORTON, Petitioner,
WARDEN, MADISON CORRECTIONAL INSTITUTION, Respondent.
L. GRAHAM, JUDGE
REPORT AND RECOMMENDATION
KIMBERLY A. JOLSON, UNITED STATES MAGISTRATE JUDGE
a state prisoner, brings this petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. This matter is
before the Court on the Petition, Respondent's Return of
Writ, and the exhibits of the parties. For the reasons that
follow, the Magistrate Judge RECOMMENDS that
the Petition be DENIED and that this action
Ohio Tenth District Court of Appeals summarized the facts and
procedural history of the case as follows:
On August 30, 2012, appellant was indicted on one count of
aggravated murder, in violation of R.C. 2903.01, with a
firearm specification pursuant to R.C. 2941.145, and one
count of having a weapon while under disability, in violation
of R.C. 2923.13. The charges arose from the shooting death of
Charles Rogers on August 18, 2012.
Appellant waived his right to a jury trial on the charge of
having a weapon while under disability. The case proceeded to
trial before a jury on the aggravated murder and associated
firearm specification charge, at which the following evidence
Lindsay Jennings testified that she began dating
appellant's brother, Markee Horton, in August 2012. On
August 18, 2012, Markee drove to Jennings' home in a red
Mustang. He told Jennings he was angry because he had just
been robbed and asked her to drive him to his mother's
At Markee's mother's house, Jennings observed
appellant give Markee a handgun. Appellant and Markee had a
conversation, but Jennings could not understand what they
were saying. Markee returned to the red Mustang and placed
the gun appellant had given him on the floor of the car.
Appellant got into a black car and drove away.
Markee instructed Jennings to drive to a house located on
North 22nd Street. Rogers and a woman were seated on the
front porch; a black car was parked in front of the house.
Appellant exited the black car and ran to the porch carrying
a black handgun. Markee exited the red Mustang carrying the
gun appellant had given him and walked up to the porch.
Jennings heard appellant say “[a]in't nobody going
to steal nothing from my brother. You don't take from my
family.” (Tr. Vol.I, 138.) Jennings testified that
appellant pointed the gun at Rogers' head and pulled the
trigger; however, the “gun didn't go off.”
(Tr. Vol.I, 139.) When the gun failed to fire, Rogers ran
away; Markee chased him down the street. Jennings heard a
gunshot and saw Rogers fall to the ground. Although Jennings
did not see Markee pull the trigger, she saw Markee pointing
a gun at Rogers. She admitted she did not know where
appellant was at the time the shot was fired.
After the shooting, Markee got back in the red Mustang.
According to Jennings, Markee was “upset and
scared” and told her “Bitch, drive. I just shot
this man.” (Tr. Vol.I, 148.) Jennings drove Markee to
her home; Markee put the gun “somewhere in
[Jennings'] backyard.” (Tr. Vol.I, 152.)
Several days after the shooting, Markee had Jennings drive
him to Krumm Park “so he could get rid of the
gun.” (Tr. Vol.I, 155.) Markee removed the clip from
the gun and threw it and the gun into a pond on the park
grounds. According to Jennings, the gun Markee threw into the
pond was the same one appellant provided Markee on August 18,
Markee stayed at Jennings' home for a few weeks after the
shooting. Following his departure, Jennings told the police
about the shooting and provided a diagram depicting where
Markee had disposed of the gun and the clip.
Christina Ross testified that, on August 18, 2012, she
dropped off her niece at a house located next door to
Rogers' house. Ross observed Rogers and his girlfriend on
the front porch of Rogers' house. As Ross was about to
drive away, a red Mustang “cut in front of me and went
into the alley, and then a black car pulled directly in front
of me, so I couldn't move.” (Tr. Vol.II, 360.) One
man exited the red Mustang while another man exited the black
car; both men carried guns. The men walked up to Rogers'
porch and began arguing with him. The man who drove the red
Mustang punched Rogers. Rogers then jumped off the porch and
began running down the street. The man who punched Rogers
jumped off the porch, “aimed a gun at Charlie, like at
his leg part, and tried to fire it, but it didn't go
off.” (Tr. Vol.II, 373.)
At the same time, the man from the black car “aimed it,
and he shot the gun at Charlie.” (Tr. Vol.II, 374.)
Ross observed Rogers fall to the ground. She then drove
around the block, parked her vehicle, and ran back to the
area to check on her niece and Rogers. When she returned, the
men involved in the shooting were gone. Ross later spoke with
police officers about the incident. At ...
Buy This Entire Record For