Woods v. Warden, Warren Correctional Institution

Filing 30

DECISION AND ORDER DENYING RENEWED MOTION FOR DISCOVERY 29 . Signed by Magistrate Judge Michael R. Merz on 4/27/2021. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
FRANKLIN WOODS,
Petitioner,

:

- vs -

Case No. 1:20-cv-618
District Judge Timothy S. Black
Magistrate Judge Michael R. Merz

WARDEN, Warren Correctional
Institution
:
Respondent.

DECISION AND ORDER DENYING RENEWED MOTION FOR
DISCOVERY

This habeas corpus case is before the Court on Petitioner’s Motion for Discovery (ECF No.
29). In the Motion he seeks to require Respondent to furnish directly to the Court “authentic
copies” of the two interrogations to which he was subject and the results of which were admitted
against him in evidence. Woods contends that these two interrogations, conducted by Lawrence
County Children services worker Randy Thompson and Lawrence County Deputy Sheriff B. K.
Chaffins, were custodial in nature and taken without proper Miranda warnings.
Although the Motion is captioned as one for discovery, in essence it is a motion to expand
the record, because Woods wants this Court to consider the content of these interrogations and
asks that they be sent directly to the Court.
The second piece of discovery Woods seeks is his mental health diagnosis and prescription
list from “Shawnee Mental Health” (ECF No. 29, PageID 1724). He claims this evidence would
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show the medications he was prescribed and the side effects, which would show his statement
were involuntary. Id.
The Magistrate Judge has now several times denied prior motions by Woods for discovery
or to expand the record for the basic reason that this Court is confined to the record before the state
courts in deciding whether to defer to those courts’ decisions under 28 U.S.C. § 2254(d). Cullen
v. Pinholster, 563 U.S. 170 (2011). The same authority compels rejection of the instant Motion
for Discovery which is DENIED.

April 27, 2021.
s/ Michael R. Merz
United States Magistrate Judge

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