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Thread: Ohio Capital Case Report 2021

  1. #1
    Senior Member CnCP Legend JLR's Avatar
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    Ohio Capital Case Report 2021

    Hey everyone, I could do with some assistance if possible. Every year in April, the Ohio Attorney General releases a capital case report that is incredibly useful for tracking where inmates are in the appeal process. I can never normally access the report off the main website. In not entirely sure why but I suspect its because I'm from the UK. Normally a third party posts the report allowing me to see it but this hasn't happened this year. Its particularly frustrating because as well as providing an up to date recap of the appellate history of every inmate, I imagine they will also have a list of the inmates that have filed for relief under the new mental illness law which would be incredibly useful.

    If anyone can either post a copy of the report or any of the relevant information inside then I would be very grateful. I've been trying for several months now to do it myself but Im having no luck lol.

    I can't even access the attorney Generals website but here is a link to a different site that contains another link to the report. https://www.clermontlawlibrary.com/2...crimes-report/


    Cheers in advance

    JLR
    Last edited by JLR; 08-04-2022 at 06:30 PM.

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    Moderator Bobsicles's Avatar
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    Cases Pending in District Court for 10 Years or More (23)

    As of 12/31/21, a total of 23 cases have been pending in the Federal District Court on the initial habeas petitions for at least 10 years.

    1. Rojas, Martin (Hamilton) Habeas Petition filed on 10/04/96

    2. Cook, Derrick (Hamilton) Habeas Petition filed on 04/23/97

    3. Waddy, Warren (Franklin) Habeas Petition filed on 02/26/98

    4. Ballew, Tyrone (Hamilton) Habeas Petition filed on 11/18/98

    5. Williams, Clifford (Butler) Habeas Petition filed on 06/11/99

    6. Dunlap, Timothy (Hamilton) Habeas Petition filed on 07/21/99

    7. Robb, Jason (Franklin) Habeas Petition filed on 06/03/02

    8. Sanders, Carlos (Hamilton) Habeas Petition filed on 04/22/03

    9. Twyford, Raymond (Jefferson) Habeas Petition filed on 10/06/03

    10. Myers, David (Greene) Habeas Petition filed on 05/21/04

    11. Mack, Clarence (Cuyahoga) Habeas Petition filed on 12/15/04

    12. Monroe, Jonathon (Franklin) Habeas Petition filed on 03/27/07

    13. Turner, Michael (Franklin) Habeas Petition filed on 06/15/07

    14. Conway, James (Franklin) Habeas Petition filed on 10/02/07

    15. Elmore, Phillip (Licking) Habeas Petition filed on 05/01/08

    16. Conway, James (Franklin) Habeas Petition filed on 06/01/08

    17. Johnson, Marvin (Guernsey) Habeas Petition filed on 09/28/08

    18. Gapen, Larry (Montgomery) Habeas Petition filed on 03/10/09

    19. McKnight, Gregory (Vinton) Habeas Petition filed on 10/14/09

    20. Skatzes, George (Montgomery) Habeas Petition filed on 04/05/10

    21. Davis, Roland (Licking) Habeas Petition filed on 06/15/10

    22. Bethel, Robert (Franklin) Habeas Petition filed on 08/25/10

    23. Were, James (Hamilton) Habeas Petition filed on 01/21/11


    Cases Pending in District Court in Which There Has Been No Meaningful Activity in the Past 2 Years (13)

    As of 12/31/21, a total of 13 cases have been pending in District Court and have had no meaningful activity in the past 2 years.

    Ballew, Tyrone: (Hamilton) (No meaningful activity since March 2017 – case stayed) On Novemeber 18, 1998, Ballew filed a petition for a writ of habeas corpus in the district court. On September 27, 2001, the district court denied Ballew’s motion for an evidentiary hearing and granted Ballew’s motion to expand the record. On October 1, 2004, the case was reassigned from Judge Smith to Judge Watson. On June 14, 2013 and August 8, 2014, Ballew filed amended petitions to add claims challenging the constitutionality of lethal injection. On July 16, 2015, the Warden filed a motion to dismiss the lethal injection grounds, which the court denied on March 18, 2016. On March 24, 2017, the district court stayed the habeas case so Ballew could persue a successive petition for postconviction relief, which he filed with the trial court on June 9, 2017, and which remains pending.

    Gapen, Larry: (Montgomery) (No meaningful activity since November 2013 – case stayed) On March 10, 2009, Gapen filed a habeas petition in the district court, which he amended on July 14, 2009. On October 31, 2011, the district court permitted limited depositions of the trial jurors. Following those depositions, on November 12, 2013, the district court stayed the case to allow Gapen to return to state court to persue a motion for leave to file a motion for new trial. (Note: The state court litigation remains pending. The trial court denied Gapen’s motion for leave to file a motion for new trial on April 29, 2020, and Gapen appealed. The Second District Court of Appeals affirmed that denial on September 17, 2021. On October 29, 2021, Gapen appealed to the Ohio Supreme Court, and the State responded on November 29, 2021. On February 15, 2022, the Ohio Supreme Court accepted Gapen’s appeal as to one claim and stayed the case pending a decision in State v. Bethel.)

    Lynch, Ralph: (Hamilton) (No meaningful activity since September 2017) On February 15, 2008, Lynch filed a petition for a writ of habeas corpus, which was denied by the district court on September 28, 2011. On March 19, 2015, over the Warden’s objections, the 6th Circuit remanded the case to the district court for further proceedings. Upon remand, on April 21, 2016, the district court issued a decision adhering to its original decision. On May 02, 2016, the case was reassigned from Judge Frost to Judge Barrett. On May 19, 2016, Lynch filed a motion to alter or amend the decision, and the Warden opposed on May 24, 2016. The magistrate judge recommend Lynch’s motion be denied on June 14, 2016, July 28, 2016, and September 2, 2016. Lynch filed a supplemental brief on September 30, 2016 and the Warden responded on October 13, 2016. The magistrate judge again recommended Lynch’s motion be denied on February 3, 2017 and August 9, 2017. Lynch again objected on August 30, 2017 and the Warden responded on September 12, 2017.

    McKelton, Calvin: (Butler) (No meaningful activity since November 2019) On December 18, 2018, McKelton filed a petition for a writ of habeas corpus in district court. On November 20, 2019, the Warden filed a return of writ. During 2020 and 2021, the distrcit court granted several extensions of time for McKelton to file his motion for discovery.

    Neyland, Calvin: (Wood) (No meaningful activity since September 2019) On February 23, 2017, Neyland filed a petition for a writ of habeas corpus. On January 8, 2018, the district court granted Neyland’s motion to subpoena his recorded prison telephone calls. On September 30, 2019, over the Warden’s objections, the district court granted Neyland’s January 16, 2019 motion to supplement the record with current mental health records for in camera inspection by the court.

    Robb, Jason: (Franklin (transferred from Scioto)) (No meaningful activity since March 2019) On June 3, 2002, Robb filed a petition for a writ of habeas corpus in the district court. On September 16, 2004, the district court partially granted Robb’s motion for discovery. On July 16, 2012, the district court permitted Robb to amend his petition to add claims challenging the constitutionality of lethal injection, which he then amended several times. The Warden filed an amended return of writ on March 21, 2017. On June 19, 2017, Robb filed a reply addressing issues of procedural default, which he supplemented on March 26, 2021. Meanwhile, on September 12, 2017, the district court denied Robb’s January 11, 2017 motion to amend his petition to include a claim based upon Hurst v. Florida, and on March 18, 2019, denied Robb’s latest motion to amend his lethal injection claims. During 2019, briefing was conducted regarding the manner in which discovery documents would be filed in this case and the other Lucasville-riot cases.

    Rojas, Martin: (Hamilton) (No meaningful activity since September 2018) On October 4, 1996, Rojas filed a petition for a writ of habeas corpus in the district court. On May 5, 2004, Rojas filed a supplemental memorandum in support of his habeas petition. On August 09, 2004, Rojas filed a motion for an evidentiary hearing. On May 20, 2011, Rojas and the Warden filed supplemental briefs. On June 28, 2011, the Warden opposed Rojas’ request for an evidentiary hearing. On September 14, 2015, the district court set another briefing schedule. Rojas and the Warden filed additional briefs on January 4, 2016. The Warden filed an additional brief on February 26, 2016 and Rojas filed an additional brief on March 25, 2016. On July 11, 2017, the district court appointed new attorneys to represent Rojas. On November 9, 2017, Rojas filed, pro se, a motion to dismiss all appeals, which the district court denied on September 4, 2018 following a status conference with counsel.

    Sheppard, Bobby: (Hamilton) (No meaningful activity since February 2018 – successive habeas petition) On September 13, 2011, the 6th Circuit affirmed the district court’s denial of Sheppard’s June 20, 2000 initial petition for a writ of habeas corpus. On July 5, 2013, the district court denied Sheppard’s March 9, 2012 successive habeas petition challenging the constitutionality of lethal injection; the 6th Circuit remanded the case to the district court for further proceedings on December 17, 2013. Meanwhile, in 2012 and 2015, Sheppard filed motions to reopen his habeas case, which the court denied on January 14, 2013 and February 1, 2016. On February 21, 2017, the district court transferred to the 6th Circuit Sheppard’s motion to amend his petition to add claims based upon Hurst v. Florida. Following remand from the 6th Circuit, the magistrate judge again recommended transfer of the successive petition on September 15, 2017, October 16, 2017, and January 17, 2018. Sheppard objected on January 31, 2018, and the Warden responded on February 14, 2018.

    Skatzes, George: (Montgomery (transferred from Scioto)) (No meaningful activity since June 2017) On April 5, 2010, Skatzes filed a petition for a writ of habeas corpus. The Warden filed a return of writ on August 30, 2010. Between 2012 and 2014, the parties conducted extensive discovery. On May 23, 2016, the court denied Skatzes’ September 30, 2014 and October 30, 2014 motions to expand the record. On June 1, 2017, the magistrate judge partially granted Skatzes’ 2016 re-filed motions to expand the record, and Skatzes objected on June 15, 2017. Meanwhile, on June 6, 2017, reference of the case to a magistrate judge was vacated.

    Turner, Michael: (Franklin) (No meaningful activity since January 2018) On June 15, 2007, Turner filed a petition for a writ of habeas corpus in district court. On April 22, 2011, the magistrate judge recommended the denial of the writ, which the district court found moot on March 21, 2013 because Turner was granted leave to amend his petition. On May 30, 2013, over the Warden’s objections, Turner amended his petition to raise claims challenging the constitutionality of lethal injection. Following several amendments, on December 08, 2017 and December 27, 2017, the magistrate judge recommended the dismissal of the lethal injection claims. Turner objected on January 24, 2018, and the Warden responded on January 25, 2018.

    Waddy, Warren: (Franklin) (No meaningful activity since April 2015) On February 26, 1998, Waddy filed a petition for a writ of habeas corpus in the district court. On April 6, 2012, the district court permitted Waddy to amend his petition to raise claims challenging the constitutionality of lethal injection, which he filed on April 11, 2012. Waddy again amended his habeas petition on January 8, 2013 to raise intellectual disability claims. The Warden filed an amended return of writ on May 31, 2013, and Waddy filed an amended traverse on December 9, 2013. On April 15, 2015, the district court denied Waddy’s March 12, 2014 discovery request. On June 6, 2017, reference of the case to a magistrate judge was vacated.

    Williams, Clifford: (Butler) (No meaningful activity since September 2013) On June 11, 1999, Williams filed a petition for a writ of habeas corpus in the district court. On October 1, 2004, Williams’ case was reassigned from Judge Smith to Judge Watson. On February 4, 2008, the district court granted Williams’ motion to amend his habeas petition. On August 20, 2008, the Warden filed an amended return of writ and a motion to dismiss procedurally defaulted claims. On December 7, 2012, the district court partially granted the Warden’s motion to dismiss defaulted claims. On January 21, 2013, Williams filed a motion to reconsider the procedural default decision pertaining to one sub-claim, which was denied by the district court on September 16, 2013. On March 1, 2021, the Warden refiled the state court record electronically.

    Wogenstahl, Jeffrey: (Hamilton) (No meaningful activity since September 2018 – successive habeas petition – case stayed) On September 4, 2018, the 6th Circuit authorized Wogenstahl to file a successive habeas petition. The habeas case is stayed pending the completion of the state court litigation. (Note: On June 10, 2019, Wogenstahl filed a third habeas petition on a jurisdictional issue, but on May 12, 2020, the 6th Circuit denied permission to proceed, and the U.S. Supreme Court denied Wogenstahl’s October 6, 2020 petition for a writ of certiorari on January 11, 2021).


    Cases Pending in State Court in Which There Has Been No Meaningful Activity in the Past 2 Years (11)

    As of 12/31/21, a total of 11 cases have been pending in the State trial courts and have had no meaningful activity in the past 2 years.

    Ballew, Tyrone: (Hamilton) (Successive postconviction petition filed on June 9, 2017) (No meaningful activity since March 2019) On March 24, 2017, the federal district court stayed Ballew’s habeas case pending the completion of state court proceedings. On June 9, 2017, Ballew filed with the trial court a successive petition for postconviction relief, which he amended on 02/08/18; the State responded to the petition on July 12, 2018. On November 19, 2018, Ballew filed a motion for partial summary judgment and motion for discovery. The State opposed Ballew’s motions on March 14, 2019. Ballew filed proposed findings of facts and conclusions of law on March 18, 2019.

    Bays, Richard: (Greene) (Successive Atkins postconviction petition filed on May 16, 2013) (No meaningful activity since July 2019) On May 16, 2013, while his habeas petition was pending in district court, Bays filed a motion in the trial court to withdraw his 2007 voluntary dismissal of his Atkins petition and asked the court to allow him to relitigate his previously dismissed Atkins claims. On January 14, 2014, Bays filed motions for an evidentiary hearing and for relief from judgment in the trial court, which the trial court denied on May 5, 2014. On June 04, 2014, Bays appealed to the Second District Court of Appeals. On May 15, 2015, the Second District Court of Appeals affirmed the trial court’s refusal to allow re-litigation of the dismissed claims, but remanded the case back to the trial court for consideration of the claims as an entirely new Atkins petition. The Ohio Supreme Court denied Bays’ appeal on August 31, 2016. On September 29, 2016, the State renewed the motion to dismiss the Atkins petition, which remains stayed despite resolution of Bays’ motion for DNA testing. On July 3, 2019, the trial court denied Bays’ April 22, 2019 pro se motion to vacate court costs. (Note: On February 2, 2022, the State filed a motion for a status conference.)

    Gillard, John Grant: (Stark) (Additional DNA testing requested in 2016) (No meaningful activity since 2016) On September 25, 2007 the trial court granted Gillard’s application for DNA testing. On November 13, 2009, the trial court ordered the State to coordinate the transfer of items to be tested to BCI’s crime laboratory. On December 9, 2010, DNA testing was completed. In 2016, Gillard requested additional DNA testing on various items of clothing. The DNA testing is stayed pending the acquisition of new DNA standards from two individuals yet to be located.

    Goff, James: (Clinton) (Petition for postconviction relief filed on December 20, 2016) (No meaningful activity since December 2016) On April 6, 2010, the 6th Circuit granted Goff habeas relief conditioned upon the state courts reopening Goff’s direct appeal. Upon reopening his direct appeal, on March 19, 2012, the 12th District Court of Appeals again affirmed Goff’s conviction, but remanded the case back to the trial court for resentencing because the trial court failed to inform Goff of his right to allocution. On August 4, 2015, the trial court again sentenced Goff to death; the state court of appeals affirmed his death sentence on November 22, 2016; and the Ohio Supreme Court affirmed on September 20, 2018. Meanwhile, on December 20, 2016, Goff filed with the trial court a petition for postconviction relief and a motion for discovery.

    Jones, Elwood: (Hamilton) (Motion for leave to file a motion for new trial filed on February 25, 2019) (No meaningful activity since November 2019) On February 25, 2019, Jones filed in the trial court a motion for leave to file a motion for new trial. Over the State’s opposition, on November 29, 2019, the trial court granted Jones a hearing on the merits of his motion for new trial. On October 19, 2021, Jones filed a motion to set a hearing date. (Note: On June 8, 2015, the Ohio Supreme Court set Jones’ execution date for January 9, 2019. Jones received reprieves on September 1, 2017 until April 21, 2021; and on December 18, 2020 until December 6, 2023.)

    Osie, Gregory: (Butler) (Pending in the trial court on remand of the postconviction relief petition filed on April 8, 2011) (No meaningful activity since April 2018 – case stayed) On April 8, 2011, Osie filed a petition for postconviction relief in the trial court. On October 3, 2014, the trial court dismissed Osie’s postconviction petition. On August 24, 2015, the 12th District Court of Appeals affirmed the denial of postconviction relief, in part, remanding to the trial court for an evidentiary hearing the issue of Osie’s alleged neurological impairment. On August 31, 2016, the Ohio Supreme Court denied the parties’ cross-appeals. On October 31, 2017, Osie filed in the trial court motions for discovery and funding for experts. On January 25, 2018, the trial court granted Osie’s request for funding for experts, and on April 13, 2018, granted Osie’s discovery request. An evidentiary hearing remains pending after being rescheduled multiple times. But, on December 27, 2021 the trial court stayed the proceedings pending investigation into Osie’s serious mental illness claim, and granted funds for psychological experts.

    Perez, Kerry: (Clark) (Petition for postconviction relief filed on January 12, 2017) (No meaningful activity since May 2009) On January 12, 2007, Perez filed a petition for postconviction relief in the trial court. On June 15, 2007, the State filed its answer and a motion for discovery, to which Perez filed his opposition on June 22, 2007. On May 13, 2009, Perez filed a motion to amend his postconviction relief petition. On May 20, 2009, the State filed a motion for a status conference.

    Tench, James: (Medina) (Petition for postconviction relief filed on November 30, 2017) (No meaningful activity since December 2019 – case stayed) On September 14, 2017, Tench filed a motion conduct discovery prior to filing his petition for postconviction relief, which the trial court denied on November 9, 2017. Tench filed his postconviction petition on November 30, 2017, which he amended on May 29, 2018. On December 8, 2017, Tench renewed his discovery request. On September 25, 2018, the State opposed the petition and the discovery request, and Tench filed a reply on December 2, 2019. On July 14, 2020, Tench filed a motion for a ruling on his outstanding motions and a notice of supplemental authority. Tench filed another notice of supplemental authority on March 17, 2021. On December 13, 2021, the trial court granted Tench’s December 9, 2021 motion for a limited stay of the postconviction proceedings so newly assigned attorneys could become familiar with the case.

    Thompson, Ashford: (Summit) (Petition for postconviction relief filed on October 18, 2011) (No meaningful activity since January 2017) On October 18, 2011, Thompson filed a petition for postconviction relief in the trial court, which he amended on February 2, 2015. On May 8, 2015, the State filed a motion to dismiss, to which Thompson responded on July 24, 2015. On January 10, 2017, Thompson moved to amend his postconviction petition to add a claim based upon Hurst v. Florida, and the State moved to dismiss on January 12, 2017. The trial court stayed the postconviction action pending the resolution of a claim under Hurst in State v. Shawn Ford, Jr. in the Ohio Supreme Court. On February 12, 2020, the State filed in the trial court a notice that the Ohio Supreme Court had issued a ruling in Ford. On February 13, 2020, Thompson filed a motion for a decision on his pending motions, the State responded on February 24, 2020, and Thompson replied on February 27, 2020.

    Wilks, Jr., Willie Gene: (Mahoning) (Petition for postconviction relief filed on July 17, 2015) (No meaningful activity since December 2018) On July 17, 2015, Wilks filed a petition for postconviction relief which he amended on January 21, 2016, May 4, 2016, and October 25, 2016. Also on October 25, 2016, Wilks filed a motion for discovery, which the State opposed on January 26, 2017. The State filed a motion for summary judgment on December 11, 2017, to which Wilks responded on November 14, 2018. Also on November 14, 2018, Wilks renewed his motion for discovery and requested leave to amend his petition. The State opposed the discovery motion on December 4, 2018. On February 24, 2020 and July 14, 2020, Wilks filed supplemental authority in the trial court. On December 20, 2021, Wilks’ new attorneys filed a motion to stay the case for a year so they could become familiar with the record. (Note: On January 6, 2022, the State opposed the stay because the matter was ripe for a decision on the discovery motions and the State’s motion for summary judgment.)
    Wogenstahl, Jeffrey: (Hamilton) (Successive petittion for postconviction relief filed on April 26, 2017) (No meaningful activity since April 2018) On April 26, 2017, Wogenstahl filed in the trial court a successive petitition for postconviction relief. The State moved to dismiss the successive petition on April 12, 2018. Wogenstahl filed amended postconviction petitions on May 21, 2019 and July 27, 2021. (Note: With permission from the Sixth Circuit Court of Appeals, Wogenstahl filed a successive habeas petition in September 2018 which is stayed pending the exhaustion of his claims in state court.)


    Cases Where a Motion to Set an Execution Date Could be Filed(10)

    1. Allen, David (Cuyahoga)

    2. Apanovitch, Anthony (Cuyahoga)

    3. Bays, Richard (Greene)

    4. Brinkley, Grady (Lucas)

    5. Jalowiec, Stanley (Lorain)

    6. Lang, Edward (Stark)

    7. Moore, Lee (Hamilton)

    8. Scott, Michael Dean (Stark)

    9. Smith, Kenneth (Butler)

    10. Williams, Robert (Lucas)

    https://www.ohioattorneygeneral.gov/...alCrimesReport

    Note: The entire report is 412 pages long so I posted only what relates to the appeals.
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