Carter v. Mitchell

Filing 186

JUDGMENT INCLUDING CERTIFICATE OF APPEALABILITY - 1. That Petitioner's Motion to Stay Federal Habeas Proceedings and Hold Them in Abeyance (Doc. No. 165 ) be, and it hereby is DENIED; and 2. Petitioner is granted a certificate of appealabilit y on the question whether this Court should have granted the requested stay. This Judgment is approved as to form and the Clerk is ORDERED to enter it forthwith and to terminate this case on the docket of this Court. Signed by Judge Thomas M Rose on 07/31/13. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
CEDRIC CARTER,
:
Petitioner,

Case No. 1:98-cv-853
:

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vsBETTY MITCHELL, Warden,
:
Respondent.

JUDGMENT INCLUDING CERTIFICATE OF APPEALABILITY
This capital habeas corpus case is before the Court on remand from the Sixth Circuit.
Carter v. Mitchell, 693 F.3d 555 (6th Cir. 2012). Pursuant to Fed. R. Civ. P. 58, and upon the
Court’s Entry and Order of June 10, 2013 (Doc. No. 181), it is the judgment of this Court:
1.

That Petitioner Cedric Carter’s Twenty-Eighth and Twenty-Ninth Grounds for Relief be,

and they hereby are, DISMISSED WITH PREJUDICE; and
2.

Petitioner is granted a certificate of appealability on the three issues remanded by the

Sixth Circuit Court of Appeals, to wit,
(1) Was Petitioner denied effective assistance of trial counsel by his attorney’s eliciting
unfavorable testimony from a mitigation expert during the penalty phase of his capital trial?
(2) Was Petitioner denied effective assistance of trial counsel by his attorney’s failure to
call Petitioner’s mother as a witness during the penalty phase of the trial?
(3) Was Petitioner denied effective assistance of trial counsel by his attorney’s failure to
insist that the trial court provide the jury with a transcript of Dr. Chiappone’s testimony?
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Pursuant to the Entry and Order of June 27, 2013 (Doc. No. 185), it is further the
judgment of this Court
1.

That Petitioner’s Motion to Stay Federal Habeas Proceedings and Hold Them in

Abeyance (Doc. No. 165) be, and it hereby is DENIED; and
2.

Petitioner is granted a certificate of appealability on the question whether this Court

should have granted the requested stay.
This Judgment is approved as to form and the Clerk is ORDERED to enter it forthwith
and to terminate this case on the docket of this Court.

July 31, 2013.

s/Thomas M. Rose
______________________________
Thomas M. Rose
United States District Judge

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