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Garrison v. Gray

United States District Court, S.D. Ohio, Eastern Division

July 18, 2019

STEPHEN M. GARRISON, Petitioner,
v.
DAVID GRAY, Warden, Belmont Correctional Institution, Respondent.

          Algenon L. Marbley District Judge

          REPORT AND RECOMMENDATIONS

          MICHAEL R. MERZ UNITED STATES MAGISTRATE JUDGE.

         This habeas corpus case was brought by Petitioner Stephen M. Garrison pro se pursuant to 28 U.S.C. § 2254 to obtain relief from his conviction in the Muskingum County, Ohio, Court of Common Pleas on February 15, 2017 (Petition, ECF No. 3, PageID 37, ¶¶ 1-2). On order of Magistrate Judge Kimberly Jolson (ECF No. 2), the Respondent has filed the State Court Record (ECF No. 7) and a Return of Writ (ECF No. 8). The Magistrate Judge reference in the case was recently transferred to the undersigned to help balance the workload in the District (ECF No. 13). Petitioner filed a Reply (ECF No. 14), and the Court ordered Respondent to expand the record (ECF No. 15), which has now been done (ECF No. 16), making the case ripe for decision.

         Litigation History

         Garrison was indicted by a Muskingum County, Ohio, grand jury on one count of domestic violence with the specification that he had two or more prior domestic violence convictions. Convicted by a trial jury, he was sentenced to thirty-six months imprisonment. He took a direct appeal to the Ohio Court of Appeals, which affirmed the conviction and sentence. State v. Garrison, 5th Dist. Muskingum No. CT2017-18, 2018-Ohio-463, ¶¶ 6, 8, 64 (Feb. 2, 2018). Garrison did not timely appeal to the Supreme Court of Ohio, and that court denied his motion for delayed appeal. State v. Garrison, 153 Ohio St.3d 1429, 2018-Ohio-2418. Garrison next filed his Petition in this Court, pleading the following grounds for relief:

Ground One:
The trial court erred by admitting State's Exhibits One (1) through Five (5), in violation of Evid. R. 402. And 403, and in violation of equivalent and corresponding federal rules 402 and 403, as these exhibits did not accurately depict the contents purported and is a violation petitioner's right to a fair and impartial trial.
Ground Two:
The trial court violated petitioner's rights protected by the Sixth and Fourteenth Amendments to due process and the right to a fair trial when the trial court neglected to present the jury with jury instructions. Namely, the lesser included offenses [specifically, disorderly conduct] and self-defense when the evidence at trial warranted both.
Ground Three:
Petitioner's [sic] was deprived of his constitutional right to effective assistance of counsel in direct violation of the Sixth Amendment to the United States Constitution and made applicable to the States through the Fourteenth Amendment; in violation of Article 10, Section 1 of the Ohio Constitution.
Ground Four:
The petitioner's guilty verdict for domestic violence does not meet the sufficiency of the evidence and is contrary to law.
Ground Five:
The trial court erred when it imposed the maximum consecutive sentence of thirty six months in violation of the Sixth Amendment as well as due process violations arising from the trial court's failure to afford him the required ...

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