United States District Court, S.D. Ohio, Western Division
TERRY DARNELL JACKSON, JR. Petitioner,
DONNIE MORGAN, Warden, Ross Correctional Institution, Respondent.
OPINION AND ORDER DISMISSING PETITION FOR WRIT OF
Caram Steeh, United States District Judge 
Terry Darnell Jackson, Jr., seeks a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. As discussed below, the
court must dismiss Jackson's petition because his claims
are procedurally defaulted.
who is a state prisoner at the Ross Correctional Institution
in Chillicothe, Ohio, was convicted of aggravated burglary,
aggravated robbery, robbery, kidnapping, felonious assault,
and carrying concealed weapons. The Court of Appeals of Ohio,
First Appellate District for Hamilton County, made the
following factual findings on direct appeal, which are
presumed to be correct and are not disputed by Jackson.
See 28 U.S.C. § 2254(e)(1).
In the case numbered B-1056803-A, Jackson pleaded guilty to
two counts of aggravated burglary, two counts of aggravated
robbery, two counts of kidnapping, one count of felonious
assault - each with one specification - and one count of
carrying a concealed weapon. The events underlying these
charges are similar to each of the preceding crimes. Jackson
and his accomplices followed a luxury vehicle from Kenwood to
the Dlott/Chesley residence. They returned a few hours later,
entering the home with firearms and a stun gun, and proceeded
to burglarize the residence, returning to their car multiple
times to drop their loot.
Eventually, Jackson and his accomplices confronted Dlott and
Chesley, who had been asleep in their bedroom, and demanded
money, jewelry, and watches from them. Dlott was forced to
her nearby home-office to retrieve money from her purse
before being returned to the bedroom. Jackson held a gun on
Chesley while robbing him of a significant amount of cash and
other items, and continued to hold a gun on him for the next
30 to 40 minutes.
Jackson next demanded to know where the safes were. Dlott and
Chesley denied the existence of any safes. Jackson repeatedly
attempted to stun Chesley while questioning him. The stun gun
was inoperative. Dlott and Chesley remained insistent that
there were no safes. Focus then shifted to Jackson's
demand for the keys to the automobile Chesley drove earlier
in the evening.
Jackson and his accomplices took Dlott and Chesley to the
kitchen where keys for two vehicles in the attached garage
were taken. The entire group then moved to the garage, where
the assailant's attention was drawn to a red Ferrari.
Dlott opened all four garage doors so the assailants could
take the cars. Jackson pushed Chesley down the five steps
into the garage. Chesley suffered a concussion, several
broken bones, and other injuries. Dlott and Chesley escaped
through an open garage door as Jackson and his accomplices
retreated into the house.
At sentencing, Jackson argued that a number of his charges
should merge as allied offenses of similar import. The trial
court merged none of the counts, and imposed a sentence on
each. It ordered the sentences for the crimes against Chesley
to be served consecutively to each other, and the sentences
for crimes against Dlott and the three earlier home invasions
to be served concurrently to the crimes against Chesley. The
total sentence was 34 years of incarceration.
ECF No. 6 at PageID 121-22.
December 11, 2015, Jackson was charged with the following
fifteen offenses: three counts of aggravated burglary (Counts
1-3), three counts of aggravated robbery (Counts 4-6), one
count of robbery (Count 7), four counts of kidnapping (Counts
8-11), two counts of felonious assault (Counts 12-13), one
count of carrying a concealed weapon (Count 16), and one
count of receiving stolen property (Count 17). Counts 1
through 13 each carried 1-year and 3-year firearms
pleaded guilty to reduced charges: two counts of aggravated
burglary (Counts 1, 2); two counts of aggravated robbery
(Counts 4, 6), two counts of kidnapping (Counts 8, 10),
felonious assault (Count 12), carrying a concealed weapon
(Count 16), and a 3-year firearm specification on each of
these counts. The trial court sentenced him to a total of 34
years in prison; the total sentence is comprised of
consecutive 7-year sentences for one count of aggravated
burglary, one count of aggravated robbery, one count of
kidnapping, and one count of felonious assault, consecutive
to two 3-year specifications on the aggravated burglary and
kidnapping charges. See ECF No. 6 at PageID 69. (The
sentences on the remaining counts, which total 22 years, were
ordered to be served concurrently.)
April 29, 2016, Jackson filed a timely notice of appeal to
the First District Court of Appeals, Hamilton County, Ohio.
He raised ...