Franklin v. Warden, Mansfield Correctional Institution
Petitioner: Antonio Franklin
Respondent: Warden, Mansfield Correctional Institution
Case Number: 3:2004cv00187
Filed: November 17, 2009
Court: U.S. District Court for the Southern District of Ohio
Office: Dayton Office
Presiding Judge: Michael R Merz
Nature of Suit: Death Penalty - Habeas Corpus
Cause of Action: 28 U.S.C. ยง 2254 Ptn for Writ of H/C - Stay of Execution
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Date Filed Document Text
August 5, 2020 Opinion or Order Filing 262 DECISION AND ORDER DENYING PETITIONER'S RE-RENEWED MOTION TO TERMINATE CURRENT COUNSEL 250 . Signed by Magistrate Judge Michael R. Merz on 8/5/2020. (kpf)
May 6, 2020 Opinion or Order Filing 251 ORDER TO PROVIDE OPINION- Accordingly, the Court will proceed to determine Franklins competency to waive representation by counsel and to proceed pro se. As a first step in that process, current counsel are directed to provide the Court with their op inion as to Franklins competence to waive representation and, in consultation with trial counsel for the Warden, to recommend the steps the Court should take to make that determination. Counsel should respond not later than May 20, 2020. Signed by Magistrate Judge Michael R. Merz on 5/6/2020. (kma)
April 24, 2018 Opinion or Order Filing 240 DECISION AND ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY REGARDING PRO SE MOTION TO DISQUALIFY; CERTIFICATE REGARDING IN FORMA PAUPERIS STATUS; DEFICIENCY ORDER. Signed by Magistrate Judge Michael R. Merz on 4/24/2018. (kpf)
April 17, 2015 Opinion or Order Filing 210 DECISION AND ORDER GRANTING CERTIFICATE OF APPEALABILITY. Signed by Magistrate Judge Michael R. Merz on 4/17/2015. (kpf)
January 29, 2015 Opinion or Order Filing 202 DECISION AND ORDER DENYING COUNSELED MOTION FOR RECONSIDERATION. Signed by Magistrate Judge Michael R Merz on 1/29/2015. (kpf1)
December 18, 2014 Opinion or Order Filing 200 DECISION AND ORDER DENYING MOTION FOR RECONSIDERATION 189 filed by Antonio Franklin pro se. Signed by Magistrate Judge Michael R Merz on 12/18/2014. (kpf1)
August 26, 2014 Opinion or Order Filing 184 DECISION AND ORDER DENYING MOTION TO REVIVE. Signed by Magistrate Judge Michael R Merz on 8/26/2014. (kpf1)
August 25, 2014 Opinion or Order Filing 182 DECISION AND ORDER DENYING COUNSELED MOTION FOR RELIEF FROM JUDGMENT. Signed by Magistrate Judge Michael R Merz on 8/25/2014. (kpf1)
August 21, 2014 Opinion or Order Filing 181 ORDER TO DIGITIZE RECORD - It is hereby ORDERED that the state court record previously filed herein in paper format be refiled electronically as now required by S. D. Ohio Civ. R. 5.1(c). The electronic record shall be filed not later than September 2, 2014. Signed by Magistrate Judge Michael R Merz on 8/21/2014. (kpf1)
February 6, 2014 Opinion or Order Filing 166 NOTICE TO PETITIONER - The Court will hold the Motion to Discharge pending to and including February 25, 2014. Unless the Court has received a written request from Franklin to withdraw the Motion to Discharge by that date, the Motion will be granted with the consequences set forth in this Notice and Order. The Clerk shall serve a copy of this Notice and Order on Antonio Franklin personally by certified mail. Signed by Magistrate Judge Michael R Merz on 2/6/2014. (kpf1)
January 30, 2014 Opinion or Order Filing 164 DECISION AND ORDER STRIKING PRO SE MOTION TO WITHDRAW REFERENCE. Signed by Magistrate Judge Michael R Merz on 1/30/2014. (kpf1)
October 11, 2013 Opinion or Order Filing 156 DECISION AND ORDER - Petitioner's pro se Motion for an Expansion of Time to File his Rule 60(b) (Doc. No. 154) is DENIED. Signed by Magistrate Judge Michael R Merz on 10/11/2013. (kpf1)
September 26, 2013 Opinion or Order Filing 153 DECISION AND ORDER DEEMING MOTION TO DISCHARGE COUNSEL WITHDRAWN AND SETTING MOTION SCHEDULE - The Motion to Discharge Counsel (Doc. No. 152) is therefore deemed WITHDRAWN. Any and all motions for relief from judgment in this case shall be filed not later than October 31, 2013. The Warden's response is prima facie due twenty-four days thereafter, subject to extension on good cause shown. Petitioner's counsel may give him legal advice with respect to his reply to the Warden's response. His request, made orally through counsel during the conference, for appointment of separate counsel to assist with the reply is DENIED. Signed by Magistrate Judge Michael R Merz on 9/26/2013. (kpf1)
March 25, 2013 Opinion or Order Filing 148 DECISION AND ORDER DENYING WITHOUT PREJUDICE PETITIONER'S PRO SE MOTIONS TO DISCHARGE COUNSEL AND FOR RELIEF FROM JUDGMENT. Signed by Magistrate Judge Michael R Merz on 3/25/2013. (kpf1)
March 18, 2013 Opinion or Order Filing 146 DECISION AND ORDER DENYING 144 MOTION TO RESCIND CONSENT. Signed by Magistrate Judge Michael R Merz on 3/18/2013. (sc1)
December 18, 2009 Opinion or Order Filing 139 DECISION AND ORDER ON MOTION FOR CERTIFICATE OF APPEALABILITY - In accordance with the foregoing analysis, Petitioner is granted a certificate of appealability on Grounds One, Two, Fourteen, Twenty-two, Thirty, Thirty-One, Thirty-two, Thirty-Four, and Forty-Five. In all other respects the Application is denied. Signed by Magistrate Judge Michael R Merz on 12/18/2009. (kpf1)
November 17, 2009 Opinion or Order Filing 137 DECISION AND ORDER DENYING PETITIONER'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL APPLICATION FOR CERTIFICATE OF APPEALABILITY. Signed by Magistrate Judge Michael R Merz on 11/17/2009. (kpf1)
July 22, 2009 Opinion or Order Filing 126 DECISION AND ORDER GRANTING MOTION FOR RELIEF FROM JUDGMENT PROVISIONALLY AND FINDING MOTIONS FOR CERTIFICATE OF APPEALABILITY MOOT. Signed by Magistrate Judge Michael R Merz on 7/22/2009. (kopf1, )
June 10, 2009 Opinion or Order Filing 122 DECISION AND ORDER DENYING SUBSTITUTION OF COUNSEL AND ADVISING OF WITNESSES TO BE SUBPOENAED FOR HEARING - Petitioner's Motion for the Substitution of Counsel is denied. Petitioner indicates his intention to file a supplemental or amended moti on for certificate of appealability. He may not do so pro se. Furthermore, counsel having filed two motions for such certificates, the Court ordered on May 7, 2009, that no further such motions could be filed. Attorney Stephen Maher, who has recentl y entered his appearance as counsel for the Warden, has advised the Court of his intention to subpoena Linda Dillon, Megan Elswick, and James Drubert of the Montgomery County Common Pleas Court to be presented to assist in answering the questions the Court has noted for the oral argument on July 21, 2009. Counsel for the Petitioner should be prepared to examine these witnesses as necessary. Signed by Magistrate Judge Michael R Merz on 6/9/2009. (kopf1, )
May 26, 2009 Opinion or Order Filing 119 ORDER FOR ADDITIONAL BRIEFING AND ORAL ARGUMENT ON MOTION FOR RELIEF FROM JUDGMENT - This capital habeas corpus case is before the Court on Petitioner's Motion for Relief from Judgment (Doc. No. 106). The Warden opposes the Motion (Doc. No. 109) and Petitioner has filed a Reply (Doc. No. 112). Given the importance attached to this matter by Petitioner, the Court believes additional briefing and oral argument are needed on the following questions or topics: 1. In 1997 and 1998 at the time t his case was in the trial court, what rules, standards, or generally accepted practices governed the operation of video recording systems in the Montgomery County Common Pleas Court? E.g., was there an operator of the system, how many cameras were us ed, what views were customarily recorded, etc.; 2. If Petitioner's concern is a valid one, should it have been raised under Fed. R. Civ. P. 59 rather than 60(b)? 3. To what extent were the videotapes now presented to this Court (or other copies or the originals of those tapes) presented to and considered by the state courts? Which if any of these tapes were presented to the post-conviction court? 4. Petitioner represents that he can supply the Court with "new, repaired, or technologica lly enhanced copies of the videotapes." (Motion, Doc. No. 106, at 1.) What process would be used to do so? What assurance would the Court have that the new copies accurately depict what happened in the courtroom, particularly in light of any &qu ot;technological enhancement?" Oral argument on the Motion is set for July 21, 2009, at 9:30 A.M. in Courtroom No. 4. Counsel are welcome to file written responses to the above questions prior to the argument. Signed by Magistrate Judge Michael R Merz on 5/26/2009. (kopf1, )
March 10, 2009 Opinion or Order Filing 105 JUDGMENT in favor of Warden, Mansfield Correctional Institution against Antonio Franklin. Petitioner's Petition for Writ is Denied. The Petition for Writ of Habeas Corpus is Dismissed with Prejudice. Signed on 3/10/09. (cib1)
March 9, 2009 Opinion or Order Filing 104 DECISION AND ORDER - The Court has considered each of Franklin's fifty-one grounds for relief, both individually and cumulatively, and found no basis upon which to grant the writ of habeas corpus. Accordingly, Franklin's petition for the writ is denied. The Clerk will enter judgment dismissing the Petition with prejudice. Signed by Magistrate Judge Michael R Merz on 3/9/2009. (kopf1, )
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Petitioner: Antonio Franklin
Represented By: James P Fleisher
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Respondent: Warden, Mansfield Correctional Institution
Represented By: Justin M Lovett
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