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16-561 - Hunter v. Attorney General of State of Ohio


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16-561 - Hunter v. Attorney General of State of Ohio
May 19, 2016
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ORDER GRANTING PETITIONER'S EMERGENCY MOTION FOR STAY OF EXECUTION OF SENTENCE. Signed by Judge Timothy S. Black on 5/19/2016. (mr)
May 9, 2017
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REPORT AND RECOMMENDATION that petitioner's 1 Petition for Writ of Habeas Corpus be Denied with prejudice. A certificate of appealability should issue only with respect to the prosecutorial misconduct claims in Ground One, which were addressed on the merits herein, challenging the prosecutor's remarks during rebuttal closing argument that were objected to at trial. On the other hand, a certificate of appealability should not issue with respect to the prosecutorial misconduct claims alleged in Ground One, which this Court has concluded are waived and thus procedurally barred from review. Similarly, a certificate of appealability should not issue with respect to the claim alleged in Ground Three, which this Court has concluded is waived and thus procedurally barred from review. Finally, a certificate of appealability should not issue with respect to the claim alleged in Ground Two, which was addressed on the merits herein, because petitioner has not stated a "viable claim of the denial of a constitutional right," nor are the issues presented in that ground for relief "adequate to deserve encouragement to proceed further." Any appeal of this matter would be taken in good faith, and therefore should Grant petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 5/23/2017. Signed by Magistrate Judge Karen L. Litkovitz on 5/9/2017. (art)