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Hendrix v. Warden, Lebanon Correctional Institution
United States District Court, S.D. Ohio, Western Division
July 31, 2018
D'JANGO HENDRIX, Petitioner,
WARDEN, LEBANON CORRECTIONAL INSTITUTION, Respondent.
REPORT AND RECOMMENDATION
STEPHANIE K. BOWMAN, UNITED STATES MAGISTRATE JUDGE
a prisoner at the Lebanon Correctional Institution, has filed
a pro se petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254. This matter is before the Court on
petitioner's motion to hold the petition in abeyance.
(Doc. 2). For the reasons stated below, the undersigned
recommends that petitioner's motion be granted.
petition, petitioner challenges his January 24, 2014,
Hamilton County, Ohio conviction and sentence for four counts
of attempted murder, four counts of felonious assault, and
two counts of having weapons while under disability.
(See Doc. 1). Petitioner raises the following seven
grounds for relief:
GROUND ONE: The trial court abused its discretion in making
several improper evidentiary rulings.
Supporting Facts: The trial court improperly allowed
the State to impeach Hendrix's credibility with his prior
convictions, including two convictions to which he had
already stipulated, and improperly refused to allow Hendrix
to present closing arguments regarding the trajectory the
bullet with which he was shot took through his body.
GROUND TWO: The trial court's denial of Hendrix's
Batson challenge to the State's use of a
peremptory challenge against a prospective female
African-American juror was clearly erroneous.
Supporting Facts: The State used a peremptory
challenge in a discriminatory fashion to strike a female
African-American juror and gave race-neutral reasons for
doing so, but those reasons had a discriminatory intent.
GROUND THREE: Hendrix was denied the effective assistance of
Supporting Facts: Hendrix's trial counsel was
ineffective for allowing for unrecorded sidebars to be
summarized by the trial court; for failing to use a
peremptory challenge on a biased juror who counsel tried to
strike for cause; for failing to make an opening argument
even after deferring opening argument; and for failing to
present medical and ballistic and forensic witnesses.
GROUND FOUR: The jury erred in finding Hendrix guilty of
attempted murder and felonious assault against Kevin Tye and
Christopher White where those convictions were based on
Supporting Facts: The State failed to present any
evidence whatsoever that Hendrix fired a gun toward Kevin Tye
or Christopher White GROUND FIVE: Hendrix's convictions
for attempted murder and felonious assault were contrary to
Supporting Facts: The manifest weight and
sufficiency of the evidence shows that Hendrix acted in
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