Leonard v. Warden, Ohio State Penitentiary
Defendant: Warden, Ohio State Penitentiary
Petitioner: Patrick Leonard
Case Number: 1:2009cv00056
Filed: January 23, 2009
Court: US District Court for the Southern District of Ohio
Office: Death Penalty - Habeas Corpus Office
County: HAMILTON
Presiding Judge: Susan J. Dlott
Presiding Judge: Michael R Merz
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 28:2254 Ptn for Writ of H/C - Stay of Execution

Available Case Documents

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Date Filed Document Text
March 23, 2017 Opinion or Order Filing 89 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 86 Report and Recommendations. Accordingly it is hereby Ordered that this case and 1:17cv28 are dismissed without prejudice as moot. Signed by Judge Susan J. Dlott on 3/22/17. (wam)
March 7, 2017 Opinion or Order Filing 86 REPORT AND RECOMMENDATIONS re 1 in 1:17-cv-00028-TSB-MRM, Petition for Writ of Habeas Corpus, re 6 in 1:09-cv-00056-SJD-MRM Petition for Writ of Habeas Corpus. Objections to R&R due by 3/21/2017. Signed by Magistrate Judge Michael R. Merz on 3/7/17. (kma)
May 14, 2015 Opinion or Order Filing 67 ORDER DENYING HABEAS PETITION AND AFFIRMING REPORT AND RECOMMENDATIONS for 47 and 60 Report and Recommendations and overruling objections. A Certificate of Appealability is hereby GRANTED as to Grounds One, Sixteen (subclaim B), Nineteen, Twe nty (the subclaims based on the failure to impeach the testimony of Gries and Minges, the lack of an investigation, and the testimony of Jeanne Hutcherson), Twenty-One (the subclaim on the scope of the mitigation investigation.), Twenty-Three, Twenty-Four, Twenty-Six, and Twenty-Seven.. Signed by Judge Susan J. Dlott. (wam)
May 28, 2014 Opinion or Order Filing 60 SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Upon recommittal and reconsideration, the Magistrate Judge adheres to his prior recommendation: [b]ased on the foregoing analysis, it is respectfully recommended that the Petition herein be dismissed with pr ejudice. Leonard should, however, be granted a certificate of appealability on Grounds for Relief One, Sixteen, and Twenty-Four. (Report, Doc. No. 47, PageID 1286.) Objections to R&R due by 6/16/2014. Signed by Magistrate Judge Michael R Merz on 5/28/2014. (kpf1)
May 22, 2014 Opinion or Order Filing 59 ORDER TO DIGITIZE THE RECORD - The electronic record shall be filed not later than June 6, 2014. Signed by Magistrate Judge Michael R Merz on 5/22/2014. (kpf1)
March 6, 2013 Opinion or Order Filing 47 REPORT AND RECOMMENDATIONS - Based on the foregoing analysis, it is respectfully recommended that the Petition herein be dismissed with prejudice. Leonard should, however, be granted a certificate of appealability on Grounds for Relief One, Sixteen, and Twenty-Four. Objections to R&R due by 3/25/2013. Signed by Magistrate Judge Michael R Merz on 3/6/2013. (kpf1)
September 16, 2010 Opinion or Order Filing 32 ORDER AFFIRMING the Amended Order (doc. 25) and the Supplemental Opinion (doc. 29). The Court OVERRULES Petitioners Objections (docs. 27, 31).. Signed by Chief Judge Susan J. Dlott on 9/16/10. (wam1)
August 26, 2010 Opinion or Order Filing 30 ORDER REGARDING DISCOVERY CUT-OFF - On July 19, 2010, the Magistrate Judge granted in part and denied in part Petitioner's Motion for Discovery ("Amended Order," Doc. No. 25). Petitioner objected to those portions of the Amended Order which denied some of the requested discovery, but neither party objected to that portion of the Amended Order which granted discovery. The last line of the Amended Order reads "All discovery granted herein shall be completed by November 30, 2010 ." No party has objected to that portion of the Order. Counsel are reminded that an objection to a magistrate judge's order on a nondispositive motion does not stay the effectiveness of that order. S. D. Ohio Civ. R. 72.3. The Court therefo re expects the discovery already granted to be completed by November 30, 2010. If Chief Judge Dlott upholds some or all of Petitioner's Objections, Petitioner will be granted additional time to complete that discovery. Signed by Magistrate Judge Michael R Merz on 8/26/2010. (kpf1)
August 25, 2010 Opinion or Order Filing 29 SUPPLEMENTAL OPINION IN SUPPORT OF AMENDED ORDER GRANTING IN PART AND DENYING IN PART PETITIONER'S MOTION FOR DISCOVERY. Signed by Magistrate Judge Michael R Merz on 8/25/2010. (kpf1)
July 20, 2010 Opinion or Order Filing 25 AMENDED ORDER GRANTING IN PART AND DENYING PART PETITIONER'S MOTION FOR DISCOVERY. Signed by Magistrate Judge Michael R Merz on 7/19/2010. (gh1)
June 9, 2010 Opinion or Order Filing 23 BRIEFING ORDER ON DISCOVERY - Having read Respondent's Renewed Motion for Reconsideration, the Court agrees it is proper to consider Respondent's arguments on the merits of discovery. Accordingly, Petitioner shall treat the renewed Motion as if it were a memorandum in opposition to the Motion for Discovery and shall file a reply memorandum not later than June 25, 2010. Signed by Magistrate Judge Michael R Merz on 6/9/2010. (kpf1)
June 3, 2010 Opinion or Order Filing 21 ORDER STRIKING RESPONDENT'S MOTION FOR RECONSIDERATION. Signed by Magistrate Judge Michael R Merz on 6/3/2010. (kpf1)
July 27, 2009 Opinion or Order Filing 7 ORDER FOR SCHEDULING CONFERENCE - The Petition herein having been filed on July 8, 2009, the case is hereby set for scheduling conference by telephone on Friday, August 14, 2009, at 9:30 a.m. Not later than Friday, August 7, 2009, the parties shall f ile a joint proposed schedule (or include in one filing their differing proposed schedule dates) for the following case events: filing of (1) the answer and return of writ, (2) the Petitioner's reply, (3) any motion by any part for discovery, (4 ) the date by which Petitioner shall moved for an evidentiary hearing if one is desired, and (5) any additional case events which the parties believe should be scheduled. During the conference, counsel should be prepared to discuss any other issues expected to be contested in this case. Signed by Magistrate Judge Michael R Merz on 7/27/2009. (kopf1, )
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Petitioner: Patrick Leonard
Represented By: Sharon A Hicks
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Defendant: Warden, Ohio State Penitentiary
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