Brooks v. Forshey

CourtDistrict Court, N.D. Ohio
DecidedJune 23, 2025
Docket1:23-cv-02123
StatusUnknown

This text of Brooks v. Forshey (Brooks v. Forshey) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. Forshey, (N.D. Ohio 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

DEMONDRAY BROOKS, CASE NO. 1:23-CV-2123-JRK Petitioner, JUDGE JAMES R. KNEPP, II vs. MAGISTRATE JUDGE DARRELL A. CLAY WARDEN HAROLD MAY,1 REPORT AND RECOMMENDATION Respondent.

INTRODUCTION Representing himself, Demondray Brooks, a prisoner in state custody, petitions for a writ of habeas corpus under 28 U.S.C. § 2254. (ECF #1). The District Court has jurisdiction under § 2254(a) and referred the matter to me to prepare a Report and Recommendation. (Non- document entry of Oct. 31, 2023). On February 26, 2024, then-Respondent Warden Jay Forshey, as Warden of the Noble Correctional Institution (hereinafter, the State), filed the Return of Writ (ECF #8) with the state-court record and transcripts (ECF #8-1, 8-2). On May 23, 2024, Mr. Brooks submitted his Traverse. (ECF #7).

1 When Mr. Brooks filed his petition, he was incarcerated at Noble Correctional Institution, but was later transferred to Mansfield Correctional Institution. (ECF #9). Harold May is the Warden of that facility. See Mansfield Correctional Institution, Ohio Dept. of Rehab. & Corr., http://drc.ohio.gov/about/facilities/mansfield-correctional (last accessed June 18, 2025). Accordingly, under Fed. R. Civ. P. 25(d) and Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts (Habeas Rules), I automatically substitute Warden May as Respondent. Mr. Brooks raises two grounds for relief. For the reasons below, I recommend the District Court DENY Ground One as without merit, DISMISS Ground Two as not cognizable, and DISMISS the petition. I further recommend the District Court DENY a certificate of appealability

(COA). PROCEDURAL HISTORY A. State court factual findings The Ohio Court of Appeals, Fifth Appellate District, summarized the facts here on direct appeal. These factual findings are presumed correct unless Mr. Brooks offers clear and convincing evidence to the contrary. See 28 U.S.C. § 2254(e)(1). The Fifth District determined: {¶2} On January 7, 2022, the Richland County Grand Jury returned an Indictment charging Brooks with: Count 1, Failure to Comply with an Order or Signal of a Police Officer causing a substantial risk of serious physical harm to persons or property; Count 2, Failure to Comply with an Order or Signal of a Police Officer while fleeing immediately after the commission of a felony; Count 3, Trafficking in a Fentanyl- Related Compound in the vicinity of a juvenile in an amount equal to or greater than 5 grams but less than 10 grams; Count 4, Possession of Fentanyl in an amount equal to or greater than 5 grams but less than 10 grams; Count 5, Trafficking in Cocaine in the vicinity of a juvenile; Count 6, Possession of Cocaine in an amount equal to or exceeding 5 grams but less than 10 grams; Count 7, Aggravated Trafficking in Drugs, Methamphetamine; Count 8, Aggravated Possession of Drugs, Methamphetamine; Count 9, Trafficking in Drugs, Clonazepam, a Schedule IV drug, in the vicinity of a juvenile in an amount less than bulk amount; Count 10, Possession of Drugs, Clonazepam, a Schedule IV drug, with a previous conviction of a drug abuse offense; Count 11, Having Weapons While under a Disability with a previous conviction for a drug trafficking offense; Count 12, Having Weapons While under a Disability with a previous conviction for a felony of violence; Count 13, Assault - J.N.; Count 14, Assault - K.T; and Count 15, Criminal Damaging or Endangering with a substantial risk of serious harm to the property of M.P. {¶3} On November 25, 2021, Brooks filed a Demand for Discovery. {¶4} On March 24, 2022, Brooks filed a Motion to Continue the trial date. On April 6, 2022, Brooks filed a Motion to Dismiss/Suppress Counts 1, 2, 11 & 12 of the Indictment. On April 13, 2022, the trial court filed a Notice of Hearing scheduling a hearing on Brooks’ motion to dismiss/suppress for April 22, 2022. On April 14, 2022, the trial court filed a Judgment Entry granting Brooks’ motion to continue and scheduled a new trial date of May 16, 2022. On April 28, 2022, the trial court filed a Judgment Entry overruling Brooks’ motion to dismiss/suppress. {¶5} On May 3, 2022, counsel for Brooks filed a motion to withdraw. By Judgment Entry filed May 4, 2022, the trial court granted the motion to withdraw and scheduled a final pre-trial for May 12, 2022, and a jury trial for May 16, 2022. {¶6} On May 6, 2022, Brooks’ new counsel filed a Demand for Discovery, a Demand for a Bill of Particulars, and a Demand for Testimony. On May 12, 2022, Brooks filed a motion to continue the trial, in which he noted that he had received discovery from the state on May 10, 2022. {¶7} On May 23, 2022, Brooks filed a pro se motion to dismiss for a violation of his right to a speedy trial. On June 9, 2022, Brooks filed a pro se motion to discharge his counsel and represent himself. {¶8} By Judgment Entry filed June 15, 2022, the trial court granted Brooks’ motion to continue the trial date. The trial court tolled time and scheduled a new trial date for July 18, 2022. {¶9} On June 24, 2022, Brooks, through counsel, filed a Motion to Dismiss alleging a violation of his right to a speedy trial. {¶10} On July 15, 2022, the trial court held a hearing on Brooks’ motion to dismiss. Sergeant Beau James of the Richland County Sheriff's Office, Corrections Division testified that Brooks has been in jail since his arrest on the present charges on November 2, 2021. On the day of his arrest, a holder was placed on Brooks by Morrow County for a Failure to Appear for a misdemeanor charge. {¶11} The trial court took the motion to dismiss under advisement and next addressed Brooks’ request to proceed pro se. Brooks informed the court that he decided not to represent himself. After plea negotiations, the trial judge orally overruled Brooks’ motion to dismiss. Thereafter, the state amended Count 3 of the Indictment to remove the “in the vicinity of a juvenile” language thereby making the offense a felony of the third degree. The trial court permitted Brooks to plead “No Contest” to Counts 1, 2, Count 3 as amended, Counts 7, 11, 13 and Count 15. Brooks stipulated to a guilty finding by the trial judge. The trial court imposed the agreed upon sentence of 8.5 years as follows: Count 1: 36 months; Count 3: 36 months; Count 7: 12 months, Count 11: 18 months, to be served consecutively to each other but concurrently with Count 13: 6 months, concurrent to Count 15: 6 months. (ECF #8-1 at PageID 184-87 (citations and footnote omitted); see also State v. Brooks, No. 2022 CA 0055, 2023 WL 3455618, at *1-2 (Ohio Ct. App. May 15, 2023), appeal not allowed, 216 N.E.3d 702 (Ohio 2023) (table)). B. Direct appeal On August 17, 2022, through appointed counsel, Mr. Brooks timely appealed to the Fifth

District. (ECF #8-1 at PageID 110-11). There he, asserted a single assignment of error: “The trial court erred in denying Appellant’s motion to dismiss for failure to grant him a speedy trial.” (ECF #8-1 at PageID 115). On November 21, 2022, Mr. Brooks filed a Motion for Leave to Proceed Pro Se, claiming his appointed counsel had willfully failed to communicate with him. (Id. at PageID 140). On February 10, 2023, the Fifth District discharged Mr. Brooks’ appointed appellate counsel and

allowed Mr. Brooks to represent himself. (Id. at PageID 150). On March 9, 2023, Mr. Brooks filed an Appellant’s Brief raising the same assignment of error: “The trial court erred in denying Appellant’s motion to dismiss for failure to grant him a speedy trial.” (Id. at PageID 155). After the State responded (id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Murchison.
349 U.S. 133 (Supreme Court, 1955)
United States v. Marion
404 U.S. 307 (Supreme Court, 1971)
Barker v. Wingo
407 U.S. 514 (Supreme Court, 1972)
Engle v. Isaac
456 U.S. 107 (Supreme Court, 1982)
Murray v. Carrier
477 U.S. 478 (Supreme Court, 1986)
Ylst v. Nunnemaker
501 U.S. 797 (Supreme Court, 1991)
Estelle v. McGuire
502 U.S. 62 (Supreme Court, 1991)
Doggett v. United States
505 U.S. 647 (Supreme Court, 1992)
Lindh v. Murphy
521 U.S. 320 (Supreme Court, 1997)
Slack v. McDaniel
529 U.S. 473 (Supreme Court, 2000)
Lockyer v. Andrade
538 U.S. 63 (Supreme Court, 2003)
Bell v. Cone
543 U.S. 447 (Supreme Court, 2005)
Williams v. Taylor
529 U.S. 362 (Supreme Court, 2000)
Rivera v. Illinois
556 U.S. 148 (Supreme Court, 2009)
Vermont v. Brillon
556 U.S. 81 (Supreme Court, 2009)
Wilson v. Corcoran
131 S. Ct. 13 (Supreme Court, 2010)
Harrington v. Richter
131 S. Ct. 770 (Supreme Court, 2011)
Joseph Hutchison v. R.C. Marshall, Superintendent
744 F.2d 44 (Sixth Circuit, 1984)
Arthur J. Oviedo v. Arnold R. Jago
809 F.2d 326 (Sixth Circuit, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
Brooks v. Forshey, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-forshey-ohnd-2025.