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Hayes v. Buchanan

United States District Court, S.D. Ohio, Western Division, Dayton

February 28, 2018

RYAN M. HAYES, Petitioner,
v.
TIM BUCHANAN, Warden, Noble Correctional Institution Respondent.

          Walter H. Rice, District Judge

          REPORT AND RECOMMENDATIONS

          Michael R. Merz, United States Magistrate Judge

         This is a habeas corpus action under 28 U.S.C. § 2254 brought by Petitioner Ryan Hayes with the assistance of counsel. Hayes seeks relief from his conviction for aggravated vehicular homicide and operating a motor vehicle under the influence of alcohol and his consequent sentence of 7.5 years. The case is before the Court for initial review pursuant to Rule 4 of the Rules Governing § 2254 Cases which provides in pertinent part: “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner.” Hayes pleads one ground for relief as follows:

Ground One: Mr. Hayes was denied Due Process of Law by being placed twice in jeopardy by receiving multiple punishments for the same offense.
Supporting Facts: The jury convicted Mr. Hayes of both Aggravated Vehicular Homicide under R.C. 2903.06A(1)(a) and O.V.I. under R.C. 4511.19 and the court sentenced him to consecutive sentences for seven years and six months. All of the elements of O.V.I. are contained in 2903.06A(1)(a).

(Petition, ECF No. 1, PageID 5.)

         Procedural History

         Hayes was convicted in the Montgomery County Common Pleas Court on one count of aggravated vehicular homicide, in violation of R.C. 2903.06(A)(1), a felony of the second degree; one count of aggravated vehicular homicide, in violation of R.C. 2903.06(A)(2), a felony of the third degree; one count of OVI (.17 or greater-whole blood), in violation of R.C. 4511.19(A)(1)(f)/(G)(1)(a), a misdemeanor of the first degree; and OVI (under the influence), in violation of R.C. 4511.19(A)(1)(a)/(G)(1)(a), also a misdemeanor of the first degree. State v. Hayes, 2016-Ohio-7241, ¶ 1, 2016 Ohio App. LEXIS 4111 (2nd Dist. Oct. 7, 2016), appellate jurisdiction declined, 149 Ohio St.3d 1431 (2017), cert. den. sub. nom. Hayes v. Ohio, 138 S.Ct. 476 (2017).

         Judge Donovan recites the following underlying facts:

[*P2] The incident which forms the basis for the instant appeal occurred on the night of September 17, 2011, when Hayes drove his parents' black 1991 Lexus sedan into a stationary track hoe at a construction site located near Hoover Avenue in Dayton, Ohio. While Hayes was severely injured, his passenger and girlfriend, Qadriyyah Harvey, was killed after suffering blunt force trauma when her head hit the windshield during the crash. The evidence adduced during the trial established that neither Hayes nor Harvey were wearing their seatbelts at the time of the crash, which was found to have occurred at approximately 8:50 p.m.
[*P3] Hayes was removed from the vehicle by paramedics and taken to Miami Valley Hospital (MVH) for treatment. Harvey was pronounced dead at the scene of the crash. Dayton Fire Department firefighter/paramedic Tyler McCoy testified that he detected the odor of alcohol on and about Hayes' person. McCoy testified that the odor of alcohol persisted even after he removed Hayes from the crash site. McCoy further testified that Hayes admitted that he had consumed alcohol prior to the crash.
[*P4]Dayton Police Detective Jonathan Seiter, a crash reconstructionist in the traffic services unit, was dispatched to the site after it was determined that the crash involved a fatality. Upon arriving at the scene of the accident, Detective Seiter inspected the vehicle. Detective Seiter testified that he detected the slight of odor of alcohol emanating from the interior of the [**3] vehicle. Detective Seiter also observed a wallet and an opened can of Sparks alcoholic iced tea in the driver's side floorboard of the vehicle.
[*P5] Detective Seiter then traveled to MVH in order to interview Hayes. Upon arriving at the hospital, Detective Seiter located Hayes in the trauma room. Detective Seiter testified that Hayes was unconscious and smelled of alcohol. Thereafter, Detective Seiter directed phlebotomist Ross Melton to draw Hayes' blood as part of an OVI kit. Prior to drawing Hayes' blood, both Detective Seiter and Melton attempted to wake him up, but Hayes could not be roused. At approximately 11:20 p.m., Melton drew two vials of Hayes' blood for testing. Detective Seiter took possession of Hayes' blood, transported it to the Safety Building, and placed it in a refrigerator. Detective Seiter then completed a form requesting that Hayes' blood be tested at the Miami Valley Regional Crime Lab (MVRCL).
[*P6] Elizabeth Kiely, a forensic toxicologist at the MVRCL, tested Hayes' blood samples on September 28, 2011. Kiely testified that the tests revealed that the two samples of Hayes' blood had an alcohol concentration of .173 and .169 gram percent, the average of which is .171 which [**4] is more than twice the legal limit of .08 percent. Kiely testified that she also screened Hayes' blood for the presence of drugs. The sample tested positive for marijuana metabolite. Forensic toxicologist Brian Simons tested Hayes' blood in order to determine the amount of marijuana metabolite present. ...

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