Pennington v. Lazaroff

13 F. App'x 228
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 3, 2001
DocketNo. 98-4373
StatusPublished
Cited by2 cases

This text of 13 F. App'x 228 (Pennington v. Lazaroff) 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
Pennington v. Lazaroff, 13 F. App'x 228 (6th Cir. 2001).

Opinion

PER CURIAM.

The petitioner, James F. Pennington, is an Ohio state prisoner who was convicted of sexually assaulting his step-daughters. Following unsuccessful litigation in the [229]*229OMo courts, Pennington filed a habeas corpus petition in federal district court, alleging three grounds for relief: (1) that the trial court violated his 6th Amendment rights by not allowing him to cross-examine one of the victims about her sexual activity with young men; (2) that the trial court erred in allowing the prosecution to introduce evidence of uncharged misconduct; and (3) that the variance between the indictment and evidence at trial violated his due process rights. The district court denied habeas relief, and Pennington appeals, insisting that the district court applied the wrong standard of review to the state court’s decision. Although we agree that the district court applied the wrong standard of review in some instances, we conclude that Pennington’s grounds for relief lack merit and affirm the judgment of the district court.

FACTUAL AND PROCEDURAL BACKGROUND

In 1988, a Franklin County, Ohio, grand jury indicted petitioner James F. Pennington on one count of rape, in violation of Ohio Rev.Code § 2907.02, and four counts of sexual battery, in violation of Ohio Rev. Code § 2907.03. In 1991, he was found guilty on all charges and sentenced to 18-33 years in prison. On appeal, an Ohio court of appeals affirmed Pennington’s conviction and sentence, and the Ohio Supreme Court dismissed Pennington’s appeal sua sponte. State v. Pennington, 62 Ohio St.3d 1481, 581 N.E.2d 1388 (1991). Pennington then filed two post-conviction petitions with the Ohio courts, neither of which resulted in relief. Pennington now appeals the district court’s denial of federal habeas corpus relief.

DISCUSSION

A. Standard of Review

The court reviews a district court’s legal conclusions in a habeas proceeding de novo and its factual findings for clear error. See Lucas v. O’Dea, 179 F.3d 412, 416 (6th Cir.1999). Review of the state court’s decision is governed by the standards set forth in the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254(d) (AEDPA). Section 2254(d) provides:

An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court unless the adjudication of the claim—
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was based upon an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

In Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 1519, 146 L.Ed.2d 389 (2000), the Supreme Court held that the “contrary to” and “unreasonable application” clauses of the statute have independent meanings. A state court decision can be “contrary to” clearly established federal law if the state court arrives at a conclusion opposite to that reached by the Supreme Court on a question of law or decides a case differently than the Court has on a set of materially indistinguishable facts. Id. at 1523. An “unreasonable application” of clearly established federal law occurs “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably applies that principle to the facts of the prisoner’s case.” Id. Thus, “a federal habeas court making the ‘unreasonable application’ inquiry should [230]*230ask whether the state court’s application of clearly established federal law was objectively unreasonable.” Id. at 1521. Although the Court did not define “objectively unreasonable,” it observed that “[u]nder § 2254(d)(l)’s ‘unreasonable application’ clause..., a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must also be unreasonable.” Id. at 1522. The “relevant state-court decision” in this case is the decision of the Ohio Court of Appeals affirming Pennington’s conviction upon direct appeal.

In the present case, the parties dispute whether the district court utilized the appropriate standard of review in analyzing the three grounds for error presented in the habeas petition, particularly whether the district court reviewed the state court’s legal conclusions in light of clearly-established federal law. With respect to two of the petitioner’s grounds for relief, we concur that the district court did not apply the appropriate standard of review when it accorded the legal rulings of the state court a “presumption of correctness.” AEDPA clearly provides that “a determination of a factual issue made by a State court shall be presumed to be correct.” 28 U.S.C. § 2254(e)(1). However, endowing the state court’s legal rulings with a “presumption of correctness” constitutes error. The question before the district court, like the question before us, is whether the state court’s findings were contrary to, or involved an unreasonable application of, clearly established federal law. Although we decline to adopt the district court’s reasoning, we nevertheless affirm the judgment based on the record before us.

B. Confrontation Clause

Initially, Pennington argues that the trial court violated his right to confront the prosecution’s witnesses by restricting cross-examination of one of the victims. During the trial, Pennington’s counsel endeavored to question one of the petitioner’s step-daughters about a dispute between her and Pennington arising from her alleged sexual activity with various young men. Pennington argued that he wanted to pursue the line of questioning in order to demonstrate the victim’s bias and motive for testifying against him, not to show that she was promiscuous. The trial court, pursuant to Ohio Rev.Code 2907.02(D), ruled that Pennington’s counsel could inquire as to any bias arising from conflicts about the victim’s “dating,” “socializing,” or “type of friends,” but prohibited questions posed to the victim or to any other witness about the victim’s sexual activity. Thereafter, Pennington’s counsel questioned the victim about disputes surrounding the victim’s “activities.”

Pennington’s claim of error is premised essentially on the Confrontation Clause of the 6th Amendment to the federal constitution, which guarantees a criminal defendant the right “to be confronted with the witnesses against him.” U.S. Const, amend. VI.

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

Related

State v. Elliott
2024 Ohio 3376 (Ohio Court of Appeals, 2024)
Waldron v. Voorhies
626 F. Supp. 2d 739 (N.D. Ohio, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
13 F. App'x 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennington-v-lazaroff-ca6-2001.