United States District Court, S.D. Ohio, Eastern Division, Columbus
CHARLES F. WARMAN, Petitioner,
TIM BUCHANAN, Warden, Noble Correctional Institution Respondent.
Algenon L. Marbley District Judge.
SUPPLEMENTAL REPORT AND RECOMMENDATIONS
Michael R. Merz United States Magistrate Judge.
habeas corpus case, brought pro se by Petitioner
Charles F. Warman, is before the Court on Petitioner's
Objections (ECF No. 18) to the Magistrate Judge's Report
and Recommendations recommending dismissal (the
“Report, ” ECF No. 15). Judge Marbley has
recommitted the case for reconsideration in light of the
Objections (ECF No. 19).
pleaded four grounds for relief in his Petition:
Ineffective assistance of trial counsel for failure to
impeach the victim with perjured testimony.
Prosecutorial misconduct for knowing use of false testimony.
Ineffective assistance of appellate counsel “by not
challenging the appellate court's improper adjudication
regarding petitioner's sixth assignment of error.”
Ineffective assistance of trial counsel for failure to object
to repeated hearsay testimony by Officer Purtee.
Report concluded Grounds One and Two were procedurally
defaulted because they were not raised on either direct
appeal or in a post-conviction petition (Report, ECF No. 15,
PageID 830-41). Ground Three was found to be without merit.
Id. at PageID 841-42. On Ground Four the Report
recommended deferring to the state court of appeals decision
that failure to raise a meritless hearsay objection was not
ineffective assistance of trial counsel.
states he objects to two determinations in the Report:
it was not proven that any of the evidence presented by the
prosecutor was known to be false (ECF No. 18, PageID 853,
citing “R. 839” which the Magistrate Judge takes
to be PageID 839).
trial counsel's failure to impeach victim Felicia
Warman's inconsistent and false testimony concerning
Fairbanks Avenue was not specifically addressed, and that
counsel's failure did not constitute an ineffective
assistance of counsel. Id., citing PageID 839.