Wesson v. Jenkins
| Hersie Wesson |
| Charlotte Jenkins |
| 5:2014cv02688 |
| December 9, 2014 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Dan Aaron Polster |
| Death Penalty |
| 28 U.S.C. ยง 2254 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
55
Opinion and Order For the reasons stated in the Order, the Court grants the parties' joint motion o Stay Case and Remand to State Court for Hearing on Petitioners Intellectual Disability Claim (Doc. 54 ). Accordingly, this case is stay ed and remanded to the Summit County Court of Common Pleas for an evidentiary hearing on the merits of Petitioners intellectual disability claim. Further, the State of Ohio will not oppose such a hearing in that court or a motion filed by Petitioner in that court for relief from judgment under Ohio Civil Rule 60(B) relating to his intellectual disability claim. Finally, if the court of common pleas refuses to hold a hearing on the merits of Petitioner's intellectual disability claim, then the parties shall return to this Court within thirty days of the state court's ruling on this matter and proceed with the evidentiary hearing granted under the Court's judgment of March 5, 2020 (Doc. 51 ). Signed by Judge Dan Aaron Polster on 3/23/2020.(K,K)
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Filing
51
Memorandum of Opinion and Order For the reasons stated in the Order, this Court denies Wesson's Amended Petition for Writ of Habeas Corpus (Doc. 36 ) as to all grounds for relief with the exception of his fourth ground and the related claim of ineffective assistance of trial counsel under the third ground, which it reserves for judgment until such time that it conducts an evidentiary hearing on those claims as stated above. Wesson's Motion for Evidentiary Hearing (Doc. 47 ) is therefore granted as to those claims only and denied as to all other claims. The Court further certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decision could be taken in good faith as to Wesson's first ground for relief, and the Court issues a certificate of appealability pursuant to 28 U.S.C. § 2253(c) and Federal Rule of Appellate Procedure 22(b) as to that claim only. As to all remaining claims, the Court certifies that, pursuant to 28 U.S.C. § 1915(a)(3), an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. Signed by Judge Dan Aaron Polster on 3/5/2020. (K,K)
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Filing
25
Opinion and Order granting petitioner's Motion to stay and hold in abeyance (Related Doc # 20 ).Wesson shall file his unexhausted claims no later than December 14, 2015, and shall return to this Court no later than thirty days after his new claims are exhausted. Judge Dan A. Polster(C,KA) Modified text 11/20/2015 (C,KA).
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| Petitioner: Hersie Wesson | |
| Represented By: | Rachel G. Troutman |
| Represented By: | Shawn P. Welch |
| Represented By: | Vicki R.A. Werneke |
| Represented By: | Joseph E. Wilhelm |
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| Respondent: Charlotte Jenkins | |
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