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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,
v.
WARDEN, LEBANON CORRECTIONAL INSTITUTION, Respondent.

          Black, J.

          REPORT AND RECOMMENDATION

          STEPHANIE K. BOWMAN, UNITED STATES MAGISTRATE JUDGE

         Petitioner, 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.

         In the 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 counsel.
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 insufficient evidence.
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 law.
Supporting Facts: The manifest weight and sufficiency of the evidence shows that Hendrix acted in ...

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