Sexton v. Wainwright, No. 19-3370 (6th Cir. 2020)
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In 1997, Sexton pleaded guilty to aggravated murder and aggravated robbery; an Ohio state court judge sentenced him to life imprisonment with the possibility of parole. Sexton later argued that Ohio law required a three-judge panel to receive his plea and impose the sentence and that he was not aware of that purported error nor was he told about his right to appeal his sentence. Within 13 months, he wrote to the Ohio Public Defender, which replied with a form that Sexton could use to pursue pro se claims pro se. Two weeks later, Sexton filed a pro se petition to vacate his sentence, focused on Sexton’s co-defendant, who apparently testified against him and received a more lenient sentence. Sexton made assertions that amounted to ineffective assistance of counsel. The trial court dismissed the petition as time-barred and failing to state any claims warranting either relief or an evidentiary hearing.
Sexton says that in 2017 he learned, from another inmate, that he should have been sentenced by a three-judge panel. Sexton filed an application for leave to file a delayed appeal with the affidavits from Sexton and the other inmate. Ohio courts denied Sexton’s application. The Sixth Circuit vacated the dismissal of his federal habeas petition; 28 U.S.C. 2244(d)(1)(D) made timely Sexton’s claim that he was denied due process and equal protection in 2017 when the Ohio court denied his motion for leave to file a direct appeal.
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