Allen v. Mitchell, No. 2-4145 (6th Cir. 2020)
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Allen was convicted of aggravated robbery and murder for the death of 84-year-old English, whom he knew through a prison ministry. Allen’s thumbprint was found on England’s glasses. Cigarette butts consistent with Allen’s brand and saliva were found in English’s trash. The coroner put English’s time of death between before six a.m. on January 25, 1991. A bus driver remembered picking up Allen near English’s home around six a.m. that day. Allen was sentenced to death. The Ohio Supreme Court affirmed. State courts denied post-conviction relief.
Allen claimed he was denied due process because a juror, Worthington, initially indicated that she was not sure that she could be impartial. Worthington stated her brother had been killed two years earlier, that the man charged with the murder was acquitted, and she did not feel justice was done. The judge asked whether she could reach a verdict based solely on the evidence; Worthington said she could. Allen’s counsel stated that witnesses from the coroner’s office who testified at her brother’s trial would testify at Allen’s trial. Worthington stated that she was a bit anxious but denied that her reaction might substantially impact her ability to concentrate on Allen’s case. The Ohio Supreme Court held that the finding that Worthington was unbiased was supported by her testimony and that the judge could legitimately validate her statements because he saw and heard her.
The Sixth Circuit affirmed the denial of federal habeas relief. The determination of whether to seat a juror is an exercise of discretion by the trial court. The Ohio Supreme Court did not unreasonably apply established Supreme Court precedent.
This opinion or order relates to an opinion or order originally issued on December 5, 2018.
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