Eskridge v. Konteh

88 F. App'x 831
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 3, 2004
DocketNo. 02-3680
StatusPublished
Cited by7 cases

This text of 88 F. App'x 831 (Eskridge v. Konteh) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eskridge v. Konteh, 88 F. App'x 831 (6th Cir. 2004).

Opinion

CLAY, Circuit Judge.

Petitioner, Robert Eskridge, appeals from the order issued by the United States District Court for the Northern District of Ohio, entered on April 29, 2002, dismissing the petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, and appeals from the order issued by the same court, entered on May 15, 2002, denying Petitioner’s Motion for a New Trial, or to Alter and Amend Judgment. For the reasons set forth below, we AFFIRM.

BACKGROUND

Procedural History

In November of 1997, Petitioner was convicted in Ohio state court of murder and firearm offenses. The convictions were affirmed in an opinion by the Ohio Court of Appeals. State v. Eskridge, 1999 WL 304316 (Ohio Ct.App. May 13, 1999). On September 22, 1999, the Supreme Court of Ohio dismissed the case, sua sponte, with a one-sentence statement that no substantial constitutional question was raised and that a discretionary appeal was not applicable or allowed. State v. Eskridge, 86 Ohio St.3d 1489, 716 N.E.2d 721 (1999) (unpublished table decision). Defendant submitted an application to reopen the appeal, which the government opposed. On November 24, 1999, in a short unreported opinion, the Ohio appeals court denied Defendant’s application, on grounds of res judicata. State v. Eskridge, 1999 WL 1087505 (1999). On March 1, 2000, [833]*833the Supreme Court of Ohio dismissed the case, again, sua sponte, on the grounds that no substantial constitutional question was raised and that a discretionary appeal was not applicable or allowed. State v. Eskridge, 88 Ohio St.8d 1435, 724 N.E.2d 810 (2000) (unpublished table decision).

Petitioner filed a petition for a writ of habeas corpus on May 12, 2000. The district court referred the matter to a magistrate judge, whose report and recommendation to deny relief, issued on February 28, 2002, was followed by the district court, in an April 29, 2002 Memorandum of Opinion and Order. The Memorandum Opinion and Order dealt only with the parties’ objections to the Report and Recommendation of the magistrate judge. The district court overruled Respondent’s objections to the magistrate judge’s having ruled on all of Petitioner’s claims on the merits, when allegedly certain of the claims were procedurally defaulted because they were not raised before the Ohio appeals court. The district court overruled Petitioner’s numerous objections to the magistrate judge’s findings. The district court denied Petitioner’s request for an evidentiary hearing.

Petitioner filed a Motion for a New Trial, or to Alter and Amend Judgment. Under Fed.R.Civ.P. 52 and 59, based on alleged constitutional errors, Petitioner argued for a new trial or a change to the April 29, 2002 judgment. On May 15, 2002, in an order, the district court denied the motion.

On June 13, 2002, Petitioner filed a timely notice of appeal as to the district court’s April 29, 2002 order, denying habeas relief and as to the district court’s May 15, 2002 order, denying Petitioner’s motion for a new trial or to alter or amend the judgment. The appeal was timely as to both orders, since it was filed within thirty days of the order denying the Motion for a New Trial, or to Alter and Amend Judgment. Fed. R.App. P. 4(a)(4)(A)(ii),(iv),(v) (“If a party timely files in the district court any of the following motions under the Federal Rules of Civil Procedure, the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion: (ii) to amend or make additional factual findings under Rule 52(b), whether or not granting the motion would alter the judgment; [or] ... (iv) to alter or amend the judgment under Rule 59; [or] (v) for a new trial under Rule 59”).

On January 13, 2003, this Court entered an order ruling on Petitioner’s certificate of appealability: the certificate was granted as to the issues of insufficient evidence and cumulative prejudice and was denied as to the two evidentiary issues: (1) Petitioner’s claim that the trial court erred in admitting evidence showing that Petitioner had sold drugs and was in jail at the time of the trial, and evidence showing that Petitioner’s father shot and paralyzed Petitioner’s mother; and (2) Petitioner’s claim that the trial court erred in admitting a coroner’s report noting that the two fatal gunshots were fired on one street. Appeal was also denied as to ineffective assistance of trial and appellate counsel.

Substantive Facts

The facts of this case are set out in detail in the Ohio appeals court’s opinion, State v. Eskridge, 1999 WL 304316. The pre-arrest events were as follows:

The Cleveland Police responded to a phone call about a shooting at E. 66th Street and Zoeter Avenue on Cleveland’s east side on April 5, 1997, at 2:58 a.m.
When Det. Beaman arrived on the scene, he found the victim, Ernest Bremer, dead in the front seat of his car, which was in the middle of Zoeter Avenue in front of 6613 Zoeter. Later laboratory results indicated Bremer had co[834]*834caine in his blood and urine at the time of his death. Det. Beaman found one bullet casing on E. 66th Street in front of the Meat Market and a second casing between Bremer’s legs. These casings were determined to have come from the same gun. Fresh glass was also found on E. 66th Street in front of the Meat Market, in the same area as the first casing. Det. Beaman observed a bullet indentation in the car’s side molding between the driver’s window and the rear driver’s side window. The rear driver’s side window was broken out, and glass found in the car’s back seat was the same type as the glass found on E. 66th Street. According to Det. Beaman, one shot was fired on E. 66th Street, a fact confirmed by Det. Moore who also testified. The gun from which these shells were fired was never found.
Det. Moore testified that on April 8 and 9, 1997, the Cleveland Police obtained arrest warrants for Kevin Hafley and defendant Eskridge on charges of aggravated murder of Bremer. On April 9, 1997, he and two other officers searched a house at 1426 East 61st Street looking for Hafley and Eskridge. The only persons located in the house at the time of the original search were an elderly couple, relatives of Mr. Hafley and his nephew, defendant Eskridge. Later the same day, the police conducted a second search of the house, when they found and arrested Eskridge.

Id. at *1.

At trial, the only evidence that Defendant committed the shooting was testimony of Defendant’s uncle, Kevin Hafley. Id. at *2 (“Hafley testified on behalf of the State at Eskridge’s trial. He was the only witness who identified Eskridge as being near Bremer’s car or having a gun on April 5, 1997.”). Hafley testified that Defendant shot and killed Bremer. Id. at *3. Hailey’s testimony was perhaps influenced by his having made a plea bargain with sentencing still pending, and his testimony was inconsistent with earlier statements that he had made to the police. Id. at **2-3

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

Related

Rafferty v. Sheldon
N.D. Ohio, 2020
Kaaz v. Harris
S.D. Ohio, 2020
Stalnaker v. Bobby
589 F. Supp. 2d 905 (N.D. Ohio, 2008)
Bradley v. Birkett
192 F. App'x 468 (Sixth Circuit, 2006)
Brian Keith Moore v. Philip Parker, Warden
425 F.3d 250 (Sixth Circuit, 2005)
Moore v. Parker
Sixth Circuit, 2005

Cite This Page — Counsel Stack

Bluebook (online)
88 F. App'x 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eskridge-v-konteh-ca6-2004.