Jamal Dye v. George Frederick

CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 21, 2026
Docket25-3129
StatusUnpublished

This text of Jamal Dye v. George Frederick (Jamal Dye v. George Frederick) 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
Jamal Dye v. George Frederick, (6th Cir. 2026).

Opinion

NOT RECOMMENDED FOR PUBLICATION

File Name: 26a0034n.06

Case No. 25-3129

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

FILED ) Jan 21, 2026 JAMAL DYE, ) KELLY L. STEPHENS, Clerk Petitioner-Appellant, ) ) v. ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR GEORGE FREDERICK, Warden, ) THE NORTHERN DISTRICT OF Respondent-Appellee. ) OHIO ) ) OPINION

Before: BATCHELDER, CLAY, and RITZ, Circuit Judges.

ALICE M. BATCHELDER, Circuit Judge. An Ohio prisoner appeals the district court’s

denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We AFFIRM.

I.

The petitioner, Jamal Dye, was at a party at the home of a man named James Gray, when

an altercation led to Dye’s shooting and killing Gray. The State charged Dye with aggravated

murder, murder, felonious assault, discharge of a firearm in a prohibited premises, and carrying a

concealed weapon. Dye pleaded not guilty, and the case was tried to a state-court jury.

The State produced six witnesses who were at the party, including the only eyewitness to

the shooting, Elizabeth Torres. Torres testified that she saw Dye shoot Gray, but did not personally

observe any struggle between the two men prior to the shooting. Others testified about altercations

between Dye and Gray throughout the evening, including that Gray and several others beat and

fought with Dye. Certain photos, in which Dye was holding guns, were obtained from social media No. 25-3129, Dye v. Frederick

and introduced at trial. And a police officer testified that, some months prior to the incident, a tip

that Dye possessed guns guided the police to obtain a search warrant and seize guns from Dye’s

bedroom at his home.

Defense counsel produced one witness who was present at the party (but did not see the

shooting), and Dye also testified to give his own account of the events. Dye admitted that he shot

and killed Gray but initially claimed that it had been an accident during a struggle for the gun.

Upon further questioning, however, Dye changed that story and claimed that the shooting had been

in self-defense. Dye also testified that he did not own any guns, had never owned any guns, and

certainly never had any guns in his bedroom. This testimony led the State to produce the guns

recovered from Dye’s bedroom, the police officer’s testimony about recovering those guns from

Dye’s bedroom, and social media photos showing Dye in possession of guns. The State relied on

this evidence in closing argument to claim that Dye was dishonest by nature because he lied about

possessing guns and he lied about committing Gray’s murder.

The jury convicted Dye on three of the five counts: murder, felonious assault, and carrying

a concealed weapon. The court sentenced him to prison for 18 years to life. Dye appealed and the

Ohio Appellate Court affirmed. The Ohio Supreme Court denied further review.

Dye petitioned for state post-conviction relief, claiming ineffective assistance of counsel

(IAC) because his counsel had not called certain witnesses to testify at trial, namely: (1) Lisa

Kinney, Jonathan Bella, and Lewis Richardson, whose testimony Dye claimed would have

supported his self-defense theory, though none had actually witnessed the shooting and Richardson

had not provided an affidavit (Dye relied on his investigator’s claims of what Richardson had told

him); and (2) Dye’s mother and step-father, who would have testified that the guns the police

seized from Dye’s bedroom were not his, but rather that a man named Shawn Williams came to

2 No. 25-3129, Dye v. Frederick

their home when Dye was not there (but the parents were), hid the guns in Dye’s bedroom

unbeknownst to Dye, and then tipped the police that the guns were hidden there. The state trial

court delayed acting on Dye’s petition for a substantial period.

Several months later, after the time to file for post-conviction relief had expired, Dye filed

an amended petition adding another claim: (3) IAC for a conflict of interest. Dye claimed that his

defense counsel had previously represented Bella in a separate matter, knew that Bella had violated

his probation by being at the party, and to keep Bella out of trouble, he did not call Bella to testify

for Dye. Despite recognizing that this third claim was untimely, the state trial court addressed it

anyway and ultimately rejected all three claims on the merits.

Dye appealed and the Ohio Appellate Court affirmed, Ohio v. Dye, 2021 WL 303316,

2021-Ohio-207 (Ohio Ct. App. Jan. 28, 2021), which is the last reasoned state-court opinion in

this case because the Ohio Supreme Court denied further review. Specifically, the Ohio Appellate

Court said, “[t]he [trial] court did not find Dye’s claims to be credible and determined that they

did not warrant a hearing and did not warrant postconviction relief. We do not find that the court

abused its discretion in making that decision.” Id. at *1, ¶ 7. Dye filed a federal habeas petition,

raising the same three claims, and the district court denied the petition but granted Dye a certificate

of appealability (COA) for all three claims. Dye now appeals.

II.

In a § 2254 habeas petition where the district court made no credibility determinations or

findings of fact, we review the district court’s judgment and factual findings de novo. See King v.

Bobby, 433 F.3d 483, 489 (6th Cir. 2006). The Antiterrorism and Effective Death Penalty Act of

1996 (AEDPA) governs the district court’s review of a state court decision. Id. Under AEDPA,

a federal court can overturn a state-court conviction if it “was contrary to, or involved an

3 No. 25-3129, Dye v. Frederick

unreasonable application of, clearly established Federal law, as determined by the Supreme Court

of the United States; or . . . resulted in a decision that was based on an unreasonable determination

of the facts.” 28 U.S.C. § 2254(d).

To prevail under the “contrary to” clause, a petitioner must show that the state court

“arrive[d] at a conclusion opposite to that reached by [the Supreme] Court on a question of law”

or “confront[ed] facts that are materially indistinguishable from a relevant Supreme Court

precedent and arrive[d] at a result opposite” to that reached by the Court. Williams v. Taylor, 529

U.S. 362, 405 (2000). This appeal does not involve any claim of a contrary-to scenario.

To prevail under the “unreasonable application” clause, a petitioner must show that “the

state court identifie[d] the correct governing legal principle from th[e] Court’s decisions but

unreasonably applie[d] that principle to the facts of the [petitioner’s] case.” Id. at 413. “[A]n

unreasonable application of federal law is different from an incorrect application of federal law.”

Renico v. Lett, 559 U.S. 766, 773 (2010) (quotation marks and citation omitted). It is irrelevant

that “the federal habeas court might conclude in its independent judgment that the state court

applied clearly established federal law erroneously or incorrectly.” Gagne v. Booker, 680 F.3d

493, 513 (6th Cir. 2012) (en banc) (internal quotation marks, editorial marks, and citation omitted).

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Jamal Dye v. George Frederick, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamal-dye-v-george-frederick-ca6-2026.