Brown v. Bobby, No. 07-4471 (6th Cir. 2011)
Annotate this CasePetitioner, arrested for rape on July 6, 2001, was not tried until February, 2003 because of continuances and motions by both parties and the court, some of which concerned DNA testing and unavailability of a defense expert. He was received four consecutive life sentences. The Ohio Court of Appeals rejected a claim under speedy trial provisions in Ohio Rev. Code 2945.71 and the supreme court denied leave to appeal. The district court denied a petition for habeas corpus. The Sixth Circuit affirmed, noting the deference owed state court decisions under the pursuant to the Anti-Terrorism and Effective Death Penalty Act of 1996, 28 U.S.C. 2254(d). Ohio's manner of looking at the reason for delay is thus not contrary, or diametrically opposed, to federal precedent. The state court reasonably considered relevant factors and its finding that petitioner was not prejudiced was supported. At most, the delay in holding trial constituted official negligence, but petitioner did not put forth any facts to show that the continuances, failing to submit DNA samples on time, and failing to submit a bill of particulars were a calculated attempt to gain an advantage at trial.
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