Group v. Robinson

132 F. Supp. 3d 954, 2015 U.S. Dist. LEXIS 124956, 2015 WL 5542542
CourtDistrict Court, N.D. Ohio
DecidedSeptember 18, 2015
DocketCase No. 4:13 CV 1636
StatusPublished
Cited by3 cases

This text of 132 F. Supp. 3d 954 (Group v. Robinson) 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
Group v. Robinson, 132 F. Supp. 3d 954, 2015 U.S. Dist. LEXIS 124956, 2015 WL 5542542 (N.D. Ohio 2015).

Opinion

MEMORANDUM OPINION AND ORDER

JACK ZOUHARY, District Judge.

Intkoduction

Charity Agee left Robert and Sandra Lozier’s Youngstown, Ohio bar in the early morning hours of New Year’s Day 1997 and was never seen alive again. About two weeks after Agee’s disappearance, the Loziers visited the bar on a Saturday morning, while the bar was closed to the public. Sandra heard a knock at the bar’s exterior door as she tallied the prior night’s receipts. She peered through the door’s peephole, recognizing Petitioner Scott Group as the regular Ohio Wine deliveryman. Group said he needed to check the bar’s invoices to confirm a past delivery. Sandra led Group into the bar’s office. After reviewing invoices, Group asked to use the bathroom.

Group returned to the office holding a gun in both hands. He ordered the Lozi-ers into the men’s bathroom. Once there, Group said “he was the brother of the girl that was missing.” (In fact, Group and Agee are not related and did not know each other.) The Loziers assured Group they had cooperated with police, who continued to investigate Agee’s disappearance. Group shot both Robert and Sandra in the head, killing Robert. Despite gunshot wounds to her head and throat, Sandra survived and, at trial, identified Group as her husband’s killer. A jury convicted Group, and he was sentenced to death for Robert’s murder. See State v. Group, 98 Ohio St.3d 248, 249-54, 781 N.E.2d 980 (2002).

Group now seeks federal habeas corpus relief. Group moves for discovery in support of his habeas claims (Doc. 40). For the reasons below, this Court denies Group’s Motion.

BACKGROUND

Group appealed his conviction and sentence. As part of his direct appeal, Group raised ineffective assistance of trial counsel claims. The Ohio Supreme Court rejected those claims on the merits. Group, 98 Ohio St.3d at 268-70, 781 N.E.2d 980.

Group also pursued state post-conviction relief, presenting for the second time certain ineffective assistance claims with supporting evidence. The trial court dismissed the claims on res judicata grounds, and the Ohio court of appeals affirmed. See State v. Group, 2011 WL 6230353, at **14, 18 (Ohio Ct.App.). Group’s post-conviction petition also contained ineffective assistance claims not presented on direct appeal. The trial court found these new claims barred by res judicata and the court of appeals affirmed, also denying the claims on their merits. See id. at **14-15, 17-19. The Ohio Supreme Court declined to hear Group’s appeal. State v. Group, 135 Ohio St.3d 1431, 986 N.E.2d 1021 (2013) (table case).

In his habeas Petition, Group raises many of the same ineffective assistance claims, which he collects in his first through fourth grounds for relief (see Doc. 16 at 34, 40, 50, 63). Group also raises new ineffective assistance sub-claims which are related to claims he raised in state court. He seeks discovery to excuse procedural default or bolster the claims’ merits (see Doc. 40 at 13, 15, 16-17, 18-19, 20-21).

Standard of Review

Discovery and Cullen v. Pinholster

“[U]nlike the usual civil litigant in federal court, [a habeas petitioner] is not entitled to discovery as a matter of ordinary course.” Bracy v. Gramley, 520 U.S. 899, 904, 117 S.Ct. 1793, 138 L.Ed.2d 97 [959]*959(1997). Rule 6 of the Rules Governing Section 2254 Cases allows the discovery available under the Federal Civil Rules “if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to [take discovery], but not otherwise.” Habeas Rule 6(a).

“Good cause” for discovery exists only “where specific allegations before the court show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he is ... entitled to relief.” Bracy, 520 U.S. at 908-09, 117 S.Ct. 1793 (quoting Harris v. Nelson, 394 U.S. 286, 300, 89 S.Ct. 1082, 22 L.Ed.2d 281 (1969)) (ellipsis in original). Habeas Rule 6 does not “sanction fishing expeditions based on a petitioner’s conelusory allegations.” Williams v. Bagley, 380 F.3d 932, 974 (6th Cir.2004) (quotation marks omitted). Instead, Group must show good cause for discovery through “specific allegations of fact.” Id. (quotation marks omitted).

This Court does not apply Habeas Rule 6 in isolation. When a state court has already decided a constitutional claim, a petitioner must show that decision was contrary to, or an unreasonable application of, clearly established federal law based only on “the record that was before the state court that adjudicated the claim on the merits.” Cullen v. Pinholster, 563 U.S. 170, 131 S.Ct. 1388, 1398, 179 L.Ed.2d 557 (2011); see also 28 U.S.C. § 2254(d)(1). “[R]eview under § 2254(d)(1) focuses on what a state court knew and did,” and “[i]t would be strange to ask federal courts to analyze whether a state court’s adjudication resulted in a decision that unreasonably applied federal law to facts not before the state court.” Pinholster, 131 S.Ct. at 1399. Likewise, a petitioner who says a state court’s ruling depends on unreasonable findings of fact generally may point to only “evidence presented in the State court proceeding.” Wood v. Allen, 558 U.S. 290, 293, 130 S.Ct. 841, 175 L.Ed.2d 738 (2010).

“[F]ederal courts sitting in habeas are not an alternative forum for trying facts and issues which a prisoner made insufficient effort to pursue in state proceedings.” Pinholster, 131 S.Ct. at 1401 (quotation marks omitted). As a result, “district courts are precluded from conducting evidentiary hearings to supplement existing state court records when a state court has issued a decision on the merits with respect to the claim at issue.” Ballinger v. Prelesnik, 709 F.3d 558, 561 (6th Cir.2013).

Pinholster considered only the evidence which may be examined during Section 2254(d)(1) review; it did not construe Ha-beas Rule 6. But the Sixth Circuit has, under Section 2254(d)(1) review, disregarded evidence gathered during federal habe-as proceedings. See Loza v. Mitchell, 766 F.3d 466, 494 (6th Cir.2014). “It would defy logic to preclude a petitioner from developing factual information in an evi-dentiary hearing [under Pinholster ], but allow [the petitioner] to introduce the same factual information via discovery and expansion of the record.” Caudill v. Conover, 871 F.Supp.2d 639, 646 (E.D.Ky. 2012).

Pinholster therefore defines the evidentiary basis for examining whether a state court factual finding or legal conclusion was “unreasonable,” as habeas jurisprudence defines that term. See 28 U.S.C. § 2254(d)(1), (d)(2).

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132 F. Supp. 3d 954, 2015 U.S. Dist. LEXIS 124956, 2015 WL 5542542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/group-v-robinson-ohnd-2015.