Larry Lyons v. Ohio Adult Parole Authority

105 F.3d 1063, 1997 U.S. App. LEXIS 927, 1997 WL 20401
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 22, 1997
Docket96-3489
StatusPublished
Cited by110 cases

This text of 105 F.3d 1063 (Larry Lyons v. Ohio Adult Parole Authority) 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
Larry Lyons v. Ohio Adult Parole Authority, 105 F.3d 1063, 1997 U.S. App. LEXIS 927, 1997 WL 20401 (6th Cir. 1997).

Opinions

MOORE, J., delivered the opinion of the court, in which JONES, J., joined. RYAN, J. (pp. 1076-78), delivered a separate concurring opinion.

MOORE, Circuit Judge.

Petitioner-Appellant Larry Lyons appeals the denial of his habeas corpus petition. This appeal requires that we, for the first time, interpret several provisions of the recent statutory amendments to the federal habeas corpus framework. As explained below, we hold that district courts have the power to issue certificates of appealabifity under the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (codified, inter alia, at 28 U.S.C. § 2244 et. seq.) [hereinafter "AEDPA" or "the Act"]. Because the district court's certificate of probable cause failed to comply with the requirements for certificates of ap-pealabifity under the Act, we remand the case to the district court to issue a new certificate of appealability.

I. FACTS ANT) PROCEDURAL HISTORY

In 1984 Lyons was convicted in Ohio state court of aggravated robbery and sentenced to ten-to-twenty-five years imprisonment. Ten years later, in May 1994, Lyons was paroled. His freedom was short-lived: in June he was arrested for attempted petty theft. He quickly posted bond but, when he failed to appear in court to answer the charge, the state declared him a parole-violator-at-large. On August 3, Lyons was again arrested, and charged with theft and obstructing official business. This time, he was not released on bond; he has been incarcerated ever since. Instead, he was notified that he was in danger of having his parole revoked because of the theft charges and for faffing to return to his halfway house.

Lyons pleaded guilty to all three offenses-theft, petty theft, and obstruction- and did not challenge them on direct appeal. He received thirty days in jail for one offense and suspended sentences for the other two. Meanwhile, the Ohio Adult Parole Authority was moving to revoke Lyons's parole. In August Lyons had signed a form waiving his right to an "on-site" revocation hearing; the form stated that this hearing would occur within sixty days or, if Lyons was "imavailable," within a reasonable time. Lyons became "available" to the Parole Authority when he was sentenced for the misdemeanors1 on October 6, an event which had little immediate effect in his life: he remained in the county jail until November 4, when he was transferred to the state prison in Orient, Ohio.

Soon after arriving at the prison in Orient, Lyons began challenging the revocation of his parole. On November 8 he filed an administrative motion asking that the revocation be set aside. The next month, he ified an action in mandamus, or in the alternative for a writ of habeas corpus, in the Ohio Supreme Court, alleging that the state's failure to grant him a final parole revocation hearing within sixty days of his arrest violated a "protected liberty interest." Dist.Ct. Order at 3. Lyons attempted to amend his original pleading, but failed to get the requisite permission to do so. The Ohio Supreme Court dismissed the action without opinion on January 18, 1995.

On January 5, 1995, Lyons was finally given a formal parole hearing. The parole board revoked his probation based purely on the three misdemeanor convictions but dismissed the parole violations based on uncharged conduct. His case was continued until 1999. Lyons then asked a state appeals [1065]*1065court for permission to take a delayed appeal of his misdemeanor convictions, asking to withdraw his guilty pleas. This request and a subsequent motion for reconsideration were denied. Dist.Ct. Order at 4.

In May 1995, Lyons filed this petition for Habeas corpus. The initial and supplemental petitions raised six claims for relief.2 The district court found three of these to be proeedurally barred, because Lyons had failed to raise them in his state habeas petition. Id. at 7. The court found the other three claims meritless and denied the writ on March 25, 1996. Id. at 12. On April 21, 1996, Lyons delivered his notice of appeal and request for a certificate of probable cause3 to a prison official to file with the court. The district court issued a certificate of probable cause for the appeal on May 1, nearly a week after President Clinton signed the Antiterrorism and Effective Death Penalty Act of 1996 on April 24.4

II. JURISDICTION AND STANDARD OF REVIEW

The district court had jurisdiction over this habeas petition by a state prisoner under 28 U.S.C. § 2254(a). Lyons is currently imprisoned because his parole was revoked. The essence of his claim is that the misdemeanor convictions which led to this revocation are constitutionally invalid and that his revocation hearing violated his Due Process rights. To the extent these legal claims have merit, Lyons is “in custody in violation of the Constitution ... of the United States.” 28 U.S.C. § 2254(a). See Ex Parte Hull, 312 U.S. 546, 550, 61 S.Ct. 640, 642, 85 L.Ed. 1034 (1941) (where petitioner’s “parole was revoked and he was ordered to serve out his first sentence only because of .the second conviction,” he could Challenge that second conviction in federal habeas petition); Peyton v. Rowe, 391 U.S. 54, 67, 88 S.Ct. 1549, 1556, 20 L.Ed.2d 426 (1968) (“[T]his Court has held that a prisoner whose first-sentence parole was revoked upon a second conviction could challenge the second conviction in a habeas corpus proceeding though he would not be released if he prevailed”) (citing Hull); Brewer v. Dahlberg, 942 F.2d 328, 334 (6th Cir.1991). The district court determined that Lyons had exhausted his state-law remedies, and the state does not question this determination. See 28 U.S.C. § 2254(b) (exhaustion requirement).

This court has jurisdiction over the district , court’s final order under 28 U.S.C. §§ 1291, 2253. All of the novel issues pre[1066]*1066sented by the Act are purely legal, and are thus reviewed de novo. United States v. Spinelle, 41 F.3d 1056, 1057 (6th Cir.1994).

III. ANALYSIS

The timing of Lyons's appeal makes this case more complicated than it would otherwise be. In order to prevent frivolous appeals, Congress has long required that state prisoners whose habeas corpus petitions are denied in federal district court obtain a certificate of probable cause before appealing that denial. See Barefoot v. Estelle, 463 U.S. 880, 892-93, 103 S.Ct. 3383, 3394-95, 77 L.Ed.2d 1090 (1983). When Lyons applied for a certificate of probable cause, it was well settled that a district court could grant such a certificate and that if it did issue one a prisoner could then appeal every claim raised in his petition to this court. See Houston v.

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Cite This Page — Counsel Stack

Bluebook (online)
105 F.3d 1063, 1997 U.S. App. LEXIS 927, 1997 WL 20401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larry-lyons-v-ohio-adult-parole-authority-ca6-1997.