McGuire v. Warden, Chillicothe Corr. Inst., No. 13-3368 (6th Cir. 2013)
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McGuire was convicted of the kidnaping, rape, and aggravated murder of Joy Stewart and was sentenced to death. On direct appeal, the Ohio Supreme Court summarized the evidence presented in mitigation and determined that the aggravating factors carried sufficient weight to support the sentence. Following sentencing, McGuire’s appellate counsel, which had not represented him at trial or at sentencing, did not raise a claim of ineffective assistance of trial counsel and the state appellate court affirmed the sentence of death. The Ohio Supreme Court deemed the claim forfeited. A federal district court denied a habeas petition and the Sixth Circuit affirmed. The Supreme Court denied certiorari. In a motion under FRCP 60(b), McGuire sought to re-open a claim asserting the ineffectiveness of trial counsel arising from their failure to adequately investigate and present mitigation evidence at the penalty phase of trial, relying upon the Supreme Court’s 2012 decision, Martinez v. Ryan, and arguing that the procedural default for this claim should be excused because his counsel on state post-conviction review was ineffective. The Sixth Circuit affirmed denial. McGuire did not demonstrate the extraordinary circumstances required to justify relief from final judgment pursuant to Rule 60(b)(6).
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