from the Franklin County Court of Common Pleas (C.P.C. No.
O'Brien, Prosecuting Attorney, and Steven L. Taylor, for
Carpenter Lipps & Leland LLP, and Kort Gatterdam, for
1} Defendant-appellant, Kareem M. Jackson, appeals
from a judgment of the Franklin County Court of Common Pleas
denying his second petition for postconviction relief. For
the following reasons, we affirm.
Facts and Procedural History
2} Jackson was indicted in 1997 on six
counts of aggravated murder with death penalty specifications
and firearm specifications, related to the killings of
Antorio Hunter and Terrance Walker. Jackson was also indicted
on four counts of kidnapping with firearm specifications and
four counts of aggravated robbery with firearm
specifications, related to Hunter, Walker, and two other
victims, Nikki Long and Becky Lewis, and one count of
felonious assault with a firearm specification related to
Lewis. The trial court dismissed the aggravated robbery
charge related to Lewis and the case proceeded to a jury
trial on all remaining charges. The facts of the case were
fully detailed by the Supreme Court of Ohio in State v.
Jackson, 92 Ohio St.3d 436, 438 (2001)
("Jackson I") and will only be briefly
summarized below as is necessary for our review.
3} The evidence at trial indicated that Jackson,
Michael Patterson, Derrick Boone, and a man identified as
"Little Bee" planned to rob an apartment where
drugs were being sold. Jackson and Little Bee planned to
enter the apartment first and buy drugs. Patterson and Boone
would then enter the apartment, and the four men would commit
the robbery. Malaika Williamson drove the four men to the
apartment. Id. When Jackson and the others arrived
at the apartment, Hunter, Walker, Long, and Lewis were
present. Boone testified at trial that, as planned, after
Jackson and Little Bee purchased marijuana, Boone and
Patterson burst into the apartment with shotguns. After the
men searched the apartment for drugs and money, Patterson and
Little Bee left the apartment. At that point, Long and Lewis
were located in the kitchen of the apartment, while Jackson
and Boone were in the living room with Hunter and Walker, who
had been told to lie on the floor. Boone testified Jackson
stated he had to kill Hunter and Walker because they
recognized him and knew his name. Boone stated that Jackson
shot Hunter and Walker in the head with a handgun, first
placing a pillow over each man's head before firing.
Boone and Jackson then joined Patterson and Little Bee in the
car and Williamson drove the men back to her apartment. Long
and Lewis then fled the apartment and called the police.
4} Long gave a description of Boone to police and a
composite portrait was created and distributed to the
sheriffs department and the media. Shortly after the sketch
was released, Boone turned himself in to the sheriffs
department. Boone made a statement implicating appellant in
the shooting. Lewis subsequently identified a photo of
appellant as the man who had a handgun during the robbery.
Lewis also testified at trial that Jackson was the only
individual she saw with a handgun.
5} Williamson testified she drove Jackson, Boone,
Patterson, and Little Bee to the apartment where the robbery
occurred and drove them away afterward. Williamson testified
that when she picked up Jackson and Boone prior to the
robbery they placed two long guns in the trunk of her car.
When the men were at Williamson's home prior to the
robbery, she also saw both Jackson and Little Bee with
handguns. Williamson testified that after the robbery,
Jackson placed a handgun in a closet at her home. She also
stated she had previously seen Jackson with that same
handgun. Police later retrieved the handgun when a sheriffs
deputy, posing as Jackson's uncle, went to
Williamson's apartment with Boone and told Williamson the
gun belonged to the "uncle." The handgun recovered
from Williamson's apartment was tested and found to have
fired the bullets retrieved from Hunter. Although the gun
could not be conclusively matched to the bullet retrieved
from Walker, the bullet was of the same caliber and possessed
some characteristics matching the gun. Police also searched
the apartment Jackson shared with his girlfriend, Ivana King,
and retrieved a shotgun and two rifles. When police
interviewed King, she stated Jackson told her he had
"done two people," meaning that he had killed two
people. At trial, King testified she did not remember having
that conversation with Jackson, but that to the best of her
knowledge she told police the truth when she was interviewed.
6} The jury found Jackson guilty on all charges and
recommended the death sentence. Jackson I at 438.
The trial court accepted this recommendation and sentenced
Jackson to death. Id.
7} Jackson filed a direct appeal of his convictions
and sentences to the Supreme Court, setting forth 17
propositions of law, which the court reviewed and overruled.
Id. at 438-51. The court also independently reviewed
the death sentences for appropriateness and proportionality.
The court concluded the aggravating circumstances outweighed
the mitigating factors and the sentences were appropriate and
proportionate when compared with similar capital cases.
Id. at 451-53.
First Postconviction Relief Petition
8} Jackson filed a petition for postconviction
relief pursuant to R.C. 2953.21 in April 1999, presenting 26
grounds for relief. State v. Jackson, 10th Dist. No.
01AP-808, 2002-Ohio-3330. The trial court denied
Jackson's petition for postconviction relief without
conducting an evidentiary hearing. Id. at ¶ 33.
On appeal, this court affirmed the trial court's denial
of Jackson's first petition for postconviction relief,
concluding the trial court did not abuse its discretion by
denying the petition without a hearing because the grounds
for relief stated in the petition were barred by res judicata
or were otherwise insufficient to warrant a hearing.
Id. at ¶ 40-97.
Federal Habeas Corpus Petition
9} Jackson then filed a petition for a writ of
habeas corpus in federal court, which was denied. Jackson
v. Bradshaw,681 F.3d 753, 756 (6th Cir.2012). Jackson
appealed, raising multiple claims. The federal Sixth Circuit
Court of Appeals ultimately affirmed the ...