Henness v. Bagley, No. 13-3934 (6th Cir. 2014)Annotate this Case
Henness was indicted for murder with prior calculation and design; aggravated robbery-murder; and kidnap-murder. He also was charged with aggravated robbery, kidnapping, four counts of forgery, and having a weapon while under disability. Henness pled guilty to the forgery counts and was convicted of the remaining counts. The trial court adopted the jury’s recommendation that he be sentenced to death. The Ohio Court of Appeals and Ohio Supreme Court affirmed. In 1996, Henness filed a state post-conviction petition, which the trial court denied. The Ohio Court of Appeals affirmed. The Ohio Supreme Court denied Henness permission to further appeal this decision. In 2001, Henness moved to reopen his direct appeal. The court denied the motions because Henness had not established good cause for his failure to timely file the motions. The Ohio Supreme Court rejected his appeal as untimely. In 2001, Henness filed his 28 U.S.C. 2254 petition, which the district court dismissed as meritless. The Sixth Circuit affirmed. In 2013, Henness filed the current Rule 60(b)(6) motion, seeking to revisit the previous dismissal of several ineffective assistance of trial counsel claims. The Sixth Circuit affirmed the district court’s denial of the motion as meritless.