United States District Court, S.D. Ohio, Western Division
Michael R. Barrett District Judge
REPORT AND RECOMMENDATIONS
MICHAEL R. MERZ UNITED STATES MAGISTRATE JUDGE
a habeas corpus case brought pro se by Petitioner
Kenneth Gentry to obtain relief from his convictions in the
Hamilton County Court of Common Pleas for involuntary
manslaughter and drug trafficking. Upon review of the
Petition (ECF No. 1), Magistrate Judge Stephanie Bowman
ordered the State to answer and file the state court record
(ECF No. 2). Respondent has done so (State Court Record, ECF
No. 7; Return of Writ, ECF No. 8). Petitioner has filed a
Supplemental Memorandum in Support of the Petition (ECF No.
4) and a Reply (ECF No. 10). Respondent has filed a Reply
(ECF No. 11) to Gentry's Reply, making the case ripe for
Magistrate Judge reference in the case was recently
transferred to the undersigned to help balance the Magistrate
Judge workload in the District (ECF No. 12).
15, 2015, a Hamilton County grand jury indicted Petitioner on
one count of involuntary manslaughter, one count of
corrupting another with drugs, two counts of trafficking in
heroin, and two counts of possession of heroin in case number
B1502592 (State Court Record, ECF No. 7, Ex. 1). Ten days
later a second grand jury indicted him on two counts of
trafficking in heroin, one count of aggravated trafficking in
drugs, and one count of possession of heroin in case number
B1503265-A. In the first case Gentry pleaded guilty to one
count of involuntary manslaughter and one count of
trafficking in heroin pursuant to a plea agreement; in the
second case he pleaded guilty to another count of trafficking
in heroin. He was sentenced in both cases to an aggregate
term of ten years imprisonment.
by counsel, Gentry appealed to the Ohio First District Court
of Appeals which affirmed the convictions and sentence.
State v. Gentry, Nos. C-160184 and C-160222
(unreported; copy at State Court Record, ECF No. 8, Ex. 18),
appellate jurisdiction declined, 150 Ohio St.3d 1432. Gentry
filed an Application to Reopen his appeal under Ohio R. App.
P. 26(B), but did not appeal to the Supreme Court of Ohio
from its denial. On October 28, 2016, Gentry also filed a
petition for post-conviction relief which was never ruled on
by the Common Pleas Court and thus may be presumed to have
filed his Petition for Writ of Habeas Corpus in this Court on
May 8, 2018, pleading the following grounds for relief:
There was other opioids in the victims system which stated on
the toxicology reports contributed to death along with the
health issues which victim was already very ill. Since sadly
I was the first charged with involuntary manslaughter in
Hamilton county this was handle[d] wrong, poorly & they
wanted to presence [sic] to the community with the rise of
drugs epidemic courts knew they charged me wrong and
that's why I was told with 2 separate indictments I would
get 14 years for the drugs so just plea to involuntary
manslaughter which under duress they threatened the wellbeing
of my baby's mom to release her from jailed for my plea.
I more so should've been charged with lesser crimes.
Being after the fact newspaper magazine wrote and stated how
I got 4 to 5 years more than anyone else sentenced in
Hamilton County after me.
: [No second Ground for Relief is pleaded.]
Supporting Facts: Well due to the fact
police officers of Renu coerced me into talking to them
without reading or advising me of my rights. Which they use
that evidence to indictment. Furthermore they overcharged me
on the drugs found, also due to circumstances of victims
prior drugs uses & collapses with history of injection
into picc-line, toxicology reports also indicated higher
levels of morphine and oxycodone which contributed to cause
of death. Also coroners office article submitted where health
issues Nov 2017 suggested/stated the same health issues in
this matter couldn't be ruled as an overdose with these
underlining definicies ...