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State v. Magwood

Court of Appeals of Ohio, Eighth District, Cuyahoga

December 19, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
JONATHAN MAGWOOD, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-611500-A.

         JUDGMENT: AFFIRMED

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, Gregory J. Ochocki, and Mary Frey, Assistant Prosecuting Attorneys, for appellee.

          Mark A Stanton, Cuyahoga County Public Defender, and Noelle A. Powell, Assistant Public Defender, for appellant

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, JUDGE.

         {¶ 1} Jonathan Magwood ("Magwood") appeals from the trial court's denial of his petition for postconviction relief and assigns the following errors for our review:

I. The trial court erred by denying Magwood relief on his postconviction petition when the evidence presented with the petition showed that Mr. Magwood received ineffective assistance of counsel.
II. The trial court erred by denying Magwood relief on his postconviction petition when the evidence presented with the petition showed that the state withheld Brady material.

         {¶ 2} Having reviewed the record and pertinent law, we affirm the trial court's judgment. The apposite facts follow.

         {¶ 3} On May 3, 2017, the trial court found Magwood guilty of three counts of rape in violation of R.C. 2907.02(A)(2), a first-degree felony, kidnapping with a sexual motivation specification in violation of R.C. 2905.01(A)(4), a first-degree felony, and petty theft. These convictions stemmed from an incident that occurred on August 20, 2016, at a Taco Bell on the west side of Cleveland. According to the victim, T.J., she went into the women's restroom at the Taco Bell, Magwood forced his way into the bathroom after her, and then he raped her. DNA evidence confirmed that Magwood and T.J. engaged in sexual conduct, and video surveillance evidence showed that Magwood followed T.J. into the Taco Bell and forced his way into the women's bathroom. Magwood's defense throughout the trial was that this conduct was consensual.

         {¶ 4} On June 7, 2017, the court sentenced Magwood to 22 years in prison. Magwood filed a direct appeal, and this court reversed the petty theft conviction and affirmed Magwood's remaining convictions as well as his prison sentence. State v. Magwood, 8th Dist. Cuyahoga No. 105885, 2018-Ohio-1634.

         {¶ 5} On July 24, 2018, Magwood filed a petition for postconviction relief, arguing that the state failed to disclose Brady[1] material, and his trial counsel was ineffective for failing to investigate T.J.'s credibility and failing to present mitigating evidence at sentencing. On December 21, 2018, the court held a hearing on Magwood's petition, and on December 27, 2018, the court denied the petition. It is from this order that Magwood appeals.

         Postconviction relief

         {¶ 6} This court reviews a trial court's decision on postconviction relief petitions for an abuse of discretion. State v. White, 8th Dist. Cuyahoga No. 90544, 2008-Ohio-4228, ¶ 19, citing State v. Calhoun, 86 Ohio St.3d 279, 281, 714 N.E.2d 905 (1999).

         {¶ 7} Pursuant to ...


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