Smith v. Bagley

642 F. App'x 579
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 1, 2016
DocketNo. 14-3413
StatusPublished
Cited by2 cases

This text of 642 F. App'x 579 (Smith v. Bagley) 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
Smith v. Bagley, 642 F. App'x 579 (6th Cir. 2016).

Opinion

[580]*580OPINION

HOOD, District Judge.

Petitioner-Appellant Raymond Smith was convicted by a jury on December 5, 1995 for the aggravated murder of Ronald Lally, a witness in a criminal proceeding. The trial court adopted the jury’s verdict, imposing a sentence of death. On April 25, 2008, Smith’s sentence was commuted by the Ohio trial court to life imprisonment pursuant to Atkins v. Virginia, 586 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), after he was adjudicated intellectually disabled. Meanwhile, Smith had petitioned for federal habeas relief, ultimately asserting ten claims for relief. The district court denied the habeas petition, but certified several issues for appeal. We denied Smith’s request to expand the certificate of áppealability. Smith asserts three claims of error in this appeal. For the reasons set forth below, the district court’s order denying habeas relief is affirmed.

I. FACTUAL AND PROCEDURAL BACKGROUND1

On March 8, 1995, Raymond Smith was indicted, charged with capital aggravated murder in connection with the death of Ronald Lally. Lally was a confidential informant for the Elyria Police Department. He was set to testify at an aggravated drug trafficking trial against Smith and his son Danny Smith on January 19, 1994. Lally was found dead in a Cleveland cemetery on the morning of January 19th.

On June 7, 1993, Lally had been wired by police while making a controlled buy of crack cocaine from Smith and his son Danny. In August 1993, Smith and Danny were arrested and charged with aggravated drug trafficking. On September 7, 1993, Danny approached Sandra Williams, Lally’s fiancée, in her yard indicating that Lally would feel bad if anything happened to her or Lally’s family members.

On September 15, 1993, an Elyria police officer responded to a disturbance call at a restaurant, where he observed Stanley Ja-lowiec walking away from the area and an upset Lally talking to Danny. Lally approached the police cruiser and told the officer that he was an informant and that Danny and Jalowiec had threatened to kill him. The officer approached Danny, who pointed to Lally saying, “That punk ass bitch ... is going to get his.” Lally declined to pursue charges for intimidation. A few months before January 1994, Danny solicited Terry Hopkins to “kill somebody ... because he had informed the police of his doings,” but Hopkins declined.

During the evening of January 18, 1994, Jalowiec asked Brian Howington to take him to Lally’s apartment, where they smoked crack cocaine. The group went to the house of Howington’s aunt, Joann Corrine Fike, around 10:00 p.m. While at the house, Jalowiec received a message on his beeper. Jalowiec then asked Howington if he could borrow his aunt’s car, a Chrysler LeBaron convertible. Jalowiec and Lally left the aunt’s house in the LeBaron around midnight.

Around 3:00 a.m. on January 19, Sharon Hopkins, Smith and his two sons, Danny and Michael, were in a car driven by Danny. They went past railroad tracks, whereupon Smith and Michael got out of the car and walked to a barn in the woods. Danny drove the car back over the tracks to a parking lot where he parked and [581]*581turned the car lights off. A LeBaron convertible went past the parking lot to where Smith and Michael were standing. The LeBaron then drove back over the tracks. Sharon identified the driver of the LeBar-on as Jalowiec, with three other people in the vehicle. Danny then drove Sharon to her apartment.

Between 5:00 and 6:00 a.m., Smith and Jalowiec returned the LeBaron to Fike. Howington testified that the car was frozen because it had just been washed. Fike noticed there was blood in the car and that Jalowiec’s knuckles were bleeding. Smith and Jalowiec told Fike there had been a fight behind a restaurant the night before.

After daybreak, Terry Hopkins returned to Danny’s apartment, where he found Smith with Danny, Michael, and Jalowiec. Hopkins testified that one of them said “they had killed the guy” and “they were bragging about it.” Hopkins further testified that they said they had shot the victim, run him over with a car, stepped on him, and stabbed him.

At about 9:55 a.m., Cleveland Police Detective Michael Beaman received a call reporting that a partially clad and bloody male body with no identification had been found on a driveway in a Cleveland cemetery. About two weeks later, Daily’s family contacted the coroner’s office and identified the victim as Lally. The autopsy revealed that Lally died from a nonfatal bullet wound to the head and blows to the head causing brain injuries and a skull fracture. He had been cut in the neck with a knife. The coroner noted that if Lally was not dead when he was left in the cemetery, exposure to the cold would probably have contributed to his death in combination with his injuries. The time of death was estimated to be between 2:30 and 8:30 a.m. on January 19.

In June 1994, Danny contacted Elyria Police Detective Alan L. Leiby to make a deal on other criminal charges he was facing. Danny indicated that his father, Smith, was involved in the Lally homicide. Leiby and two other detectives interviewed Smith on July 5, 1994 about the Lally murder. After being advised of his Miranda rights, Smith made a taped statement describing a struggle at a Cleveland cemetery between himself and Lally, who had a gun. During the struggle, he said, “somehow the gun went off.” At that point, the driver of the car in which they had come to the cemetery drove off. Smith said he hid behind a tombstone and then walked out of the cemetery, not knowing of Lally’s fate until he read about it in the newspaper. In that interview, Smith did not identify the driver of the car.

On January 11, 1995, Smith gave another taped statement naming the driver of the car as “Stan.” Smith was indicted in Lorain County, Ohio on March 8,1995 and charged with one count of aggravated murder with a firearms specification, in addition to a death penalty specification alleging that Smith purposely killed Lally in order to prevent his testimony as a witness in a separate criminal proceeding. Ohio E.C. § 2929.04(A)(8).2

Smith’s son Michael was deposed by the prosecutor with permission of the court on June 16, 1995. His testimony was preserved in case he would not be available to testify at his father’s trial, which eventually began in November 1995. In the deposition, Michael was subject to cross-examination by counsel for all three separately tried defendants (Smith, Danny and Jalow-[582]*582iee), all three of whom were also present for the deposition. Months later, at a pretrial hearing, two detectives testified that Michael was unavailable for trial. Despite numerous efforts, they had been unable to locate him. The trial court ruled that Michael’s deposition could be admitted at trial if Michael was not found at the time of trial.

During the trial, after both parties had rested, the prosecutor informed the trial court that Leiby had spoken to Michael, who was out of state. Michael indicated he was afraid of being arrested for probation violations. The prosecutor had authorized Leiby to tell Michael his travel would be paid for if he were to testify, but no promises were made regarding his probation violations. Leiby relayed the prosecutor’s offer to Michael and, thereafter, had not heard from Michael. The trial court ruled that Michael was not available and admitted the deposition transcript.

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

Related

Mills v. Wallace
N.D. Ohio, 2024
Fields v. Robinson
N.D. Ohio, 2024

Cite This Page — Counsel Stack

Bluebook (online)
642 F. App'x 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-bagley-ca6-2016.