United States District Court, N.D. Ohio, Western Division
Jeffrey J. Helmick United States District Judge
me are: (1) Magistrate Judge Thomas M. Parker's Report
and Recommendation (Doc. No. 67); (2) Petitioner Marcus
Coleman's objections to the R & R with supplements
(Doc. Nos. 73, 76, 77); and (3) Respondent Rhonda R.
Richard's responses to Petitioner's objections and
supplements. (Doc. Nos. 75, 79). Additionally, Magistrate
Judge Parker filed two orders concurrently with the R & R
(Doc. Nos. 68, 69), to which Petitioner objects. (Doc. Nos.
70, 72). Respondent responded to these objections as well.
(Doc. Nos. 71, 74).
while the R & R was pending before me, Petitioner filed:
(1) a motion for recusal of the Magistrate Judge (Doc. No.
78), opposed by Respondent (Doc. No. 80); and (2) a motion
for judicial notice (Doc. No. 81), to which Respondent
responded (Doc. No. 82) and Petitioner replied. (Doc. No.
83). I will address all, in turn.
reviewing the state court record, I find Magistrate Judge
Parker has accurately and comprehensively set forth the
factual background and procedural history of this case, and I
adopt those sections in full. (Doc. No. 67 at 1-9).
on October 13, 2012, Petitioner Marcus Coleman was traveling
southbound on I-75 when he passed a car without using his
turn signal. (Doc. No. 26-1 at 117). Because of the turn
signal violation, Sergeant Kurt Beidelschies stopped Coleman.
Id. When asked for identification, Coleman produced
a Tennessee ID card bearing his picture but someone
else's name. Id. at 118. Coleman also provided
the rental agreement for the vehicle, bearing a third name.
Id. After discovering the Tennessee ID was invalid,
Sergeant Beidelschies issued Coleman a citation for driving
without a license. Id. at 118-19. Sergeant
Beidelschies also called for a wrecker to impound the car and
conducted an inventory search of the vehicle. Id. at
119. During the search, ten small bags containing
approximately 988 pills believed to be ecstasy were found in
the center console. Id. at 119-20. Coleman was then
arrested for possession of a Schedule I controlled substance.
Id. at 119. He was charged with one count of
aggravated possession of drugs in violation of O.R.C. §
2925.11(A) in the Hancock County Court of Common Pleas.
Id. at 6, 52.
refused appointment of counsel during the trial court
proceedings, instead acting pro se with appointed
standby counsel. Id. at 21. He filed several motions
during the trial court proceedings including a motion to
suppress and two motions to dismiss. Id. at 25-48,
78-90. After holding a suppression hearing and considering
Coleman's post-hearing memoranda, the trial court denied
Coleman's motion to suppress. Id. at 115-29. In
holding, the court found there was probable cause for the
stop in accordance with the Fourth Amendment and that Coleman
had not satisfied his burden of proving a Fourteenth
Amendment Equal Protection Clause violation. Id. at
120-26, 128. The trial court also denied Coleman's motion
to reconsider the denial of the motion to suppress.
Id. at 137-40. The trial court denied the first
motion to dismiss, but Coleman pled no contest before any
ruling on his second motion to dismiss. Id. at
with the assistance of appointed counsel, timely appealed to
the Ohio Court of Appeals. Id. at 151-54. In the
appeal, he asserted the following:
Assignment of Error I:
The trial court erred on overruling Marcus D. Coleman's
motion to suppress, in violation of the Fourth and Fourteenth
Amendments to the United States Constitution, and Sections 2
and 14, Article I of the Ohio Constitution.
Issue Presented for Review I:
Were the trial court's findings of fact supported by
competent, credible evidence?
Issue Presented for Review II:
Did Mr. Coleman demonstrate by a preponderance of the
evidence that Sgt.
Beidelschies stopped him based on Mr. Coleman's race?
(Doc. No. 26-2 at 5-25). On April 7, 2014, the Ohio Court of
Appeals affirmed the trial court's judgment. Id.
at 86-95. Coleman then timely appealed, pro se, to
the Supreme Court of Ohio, who declined jurisdiction.
Id. at 97-111, 127.
direct review, Coleman timely filed a Rule 26(B) Application
to Reopen, arguing his appellate counsel was ineffective by
asserting the following assignments of error were not raised
on direct appeal:
1. The trial court erred in not addressing, determining or
ruling on Marcus Coleman's motion to dismiss filed on
February 4, 2013, violating Mr. Coleman's Fourteenth
Amendment of the United States Constitution and its Due
Process Clause thereof.
2. The trial court erred in convicting Marcus Coleman of
aggravated possession of N-Benzylpiperazine, a substance not
identified on the State of Ohio's drug schedule. The
failure of the State to not identify N-Benzylpiperazine as an
illegal substance is unconstitutionally vague and a violation
of the Due Process Clause of the Fourteenth Amendment of the
Constitution of the United States of America.
Id. at 128-36. The Ohio Court of Appeals denied the
application, finding Coleman was not denied effective
assistance of appellate counsel. Id. at 141-42. The
Supreme Court of Ohio declined jurisdiction over the ...