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Graves v. Bradshaw

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

May 7, 2018

Raymond Graves, Petitioner
v.
Maggie Bradshaw, Respondent

          MEMORANDUM OPINION

          Jeffrey J. Helmick United States District Judge.

         This matter is before me on the June 30, 2016 Report and Recommendation of the Magistrate Judge. (Doc. No. 14). Petitioner Raymond Graves filed for a writ of habeas corpus under 28 U.S.C. § 2254. The Magistrate Judge recommends the petition be dismissed.

         Petitioner submits objections to the Report and Recommendation. (Doc. No. 15). No. response was filed by the Respondent. For the reasons stated below, the Report and Recommendation is adopted as the Order of this Court.

         I. Background and The Petition

         The Petitioner does not dispute he was convicted of four counts of rape in 1985 for which he served a sentence until his release from prison in August 2003. State v. Graves, No. 13-COA-033, 2014 WL 1917450 (Ohio App.). He was notified of his duty to register as a sex offender. (Id.)

         In April 2001, Petitioner began living in a trailer owned by his employer and he registered this address with the Ashland County Sheriff's Department. Upon his move out of the trailer, in December 2011, he failed to notify the Sheriff's Department of this change. By March of 2012, law enforcement learned of Petitioner's new address and he was arrested the following month for violating conditions of his post-release control.

         After his indictment for failing to register a change of address, his attorney successfully had the indictment dismissed pursuant to the authority of State v. Howard, 134 Ohio St.3d 467 (2012). In February 2013, the Petitioner was indicted again on one count of a failure to register notice of his change of address pursuant to Ohio Rev. Code § 2950.05(E)(1). A subsequent amended indictment expanded the time period for the charged offense. Following a jury trial, Petitioner was found guilty of the charge and sentenced to three years, with credit for time previously served, and up to three years of post-release control. (Doc. No. 14 at p. 3).

         In her Report and Recommendation, the Magistrate Judge set forth Petitioner's three grounds for relief as follows:

1. [T]he trial court erred when it imposed the maximum sentence.
2. The trial court erred in sentencing [Graves] to the maximum sentence in prison[, ] imposing an unnecessary burden on state and local resources.
3. [Graves] was denied effective assistance of counsel as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution and Article I, Section 10 of the [Ohio Constitution].

(Id. at p. 5).

         The Report then addressed the procedural issue of jurisdiction. In June 2016, the Magistrate Judge requested supplemental briefing on the “sole issue of whether, for purposes of § 2254(a), Graves was ‘in custody' under the conviction and sentence under attack herein, at the time he filed the Petition.” (Id. at p. 6). Based upon those briefs[1] and her legal analysis, the Magistrate Judge determined there was jurisdiction over the petition as ...


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