Opinion

Gideon v. Treglia

Court
District Court, N.D. Ohio
Filed
Dec 21, 2021
Cited by
0 cases
Authority
More cited than 28.0%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

WESTERN DIVISION

JAMES A. GIDEON, CASE NO. 3:21 CV 2087

Petitioner,

v. JUDGE JAMES R. KNEPP II

SHERIFF MATTHEW B. TREGLIA,

Respondent. ORDER

INTRODUCTION

Currently pending before the Court in this 28 U.S.C. § 2254 habeas case is Magistrate

Judge William H. Baughman, Jr.’s Report and Recommendation (Doc. 7) that Petitioner’s

Emergency Motion for Bond (Doc. 4) be denied. Petitioner has filed Objections (Doc. 10),

Respondent has filed a Response (Doc. 13), and Petitioner replied (Doc. 14). Petitioner has also

filed a Motion for a Conference or Hearing (Doc. 11). For the reasons discussed below, the Court

denies Petitioner’s Motion for a Conference, overrules Petitioner’s Objections, and adopts the

R&R’s recommendation that Petitioner’s Motion for Bond be denied.

BACKGROUND

The R&R sets forth the factual and procedural history of this case. See Doc. 4, at 1-2.

Namely, Petitioner (a retired rheumatologist) was convicted in 2018 of three misdemeanor crimes

for sexual imposition involving inappropriately touching patients during office visits. See id. at 1.

Following the expiration of his appeals, Petitioner filed a habeas petition with this Court in

November 2021. (Doc. 1).

Shortly thereafter, Petitioner filed an Emergency Motion seeking release on bond until the

pending petition is adjudicated. He asserts his Petition shows a substantial claim of law and

exceptional circumstances warrant his release. Specifically, Petitioner cites his advanced age and

deteriorating physical health, combined with his relatively brief (180-day) sentence as exceptional

circumstances. See generally Doc. 4, at 4.

Judge Baughman issued an R&R recommending denial of Petitioner’s motion for release.

He found Petitioner failed to exhaust all post-conviction remedies at the state court level, and failed

to show the necessary substantial claim of law or exceptional circumstances necessary to justify

release in a habeas case. See Doc. 7.

Petitioner has since filed an objection to the Report and Recommendation (Doc. 10), to

which Respondent has responded (Doc. 13) and Petitioner has replied (Doc. 14).

STANDARD OF REVIEW

Under the relevant statute:

Within fourteen days of being served with a copy [of a Magistrate Judge’s R&R],

any party may serve and file written objections to such proposed findings and

recommendations as provided by rules of court. A judge of the court shall make a

de novo determination of those portions of the report or specified proposed findings

or recommendations to which objection is made.

28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b)(2)-(3). “The district judge may accept, reject,

or modify the recommended disposition; receive further evidence; or return the matter to the

magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3).

DISCUSSION

Petitioner makes several objections to the Report and Recommendation. (Doc. 10). He

contends the R&R applies the wrong standard of review and incorrectly assumes Petitioner failed

to exhaust his state remedies. Id. He further contends the R&R’s rejection of Petitioner’s cited

exceptional circumstances for release is unreasonable. See id. In response, Respondent contends

the correct legal standard was applied and the “magistrate judge reviewed the very factors cited by

[Petitioner], and recommended denying his motion.” (Doc. 13, at 2) (citing Doc. 7, at 7-8).

“Release of a state prisoner pending consideration of the habeas corpus petition is reserved

for the extraordinary case.” Greenup v. Snyder, 57 F. App’x 620, 621 (6th Cir. 2003) (citing Lee

v. Jabe, 989 F.2d 869, 871 (6th Cir. 1993)). “Since a habeas petitioner is appealing a presumptively

valid state conviction, both principles of comity and common sense dictate that it will indeed be

the very unusual case where a habeas petitioner is admitted to bail prior to a decision on the merits

in the habeas case.” Lee, 989 F.2d at 871. A habeas petitioner must show “not only a substantial

claim of law based on the facts surrounding the petition but also the existence of ‘some

circumstance making [the motion for bail] exceptional and deserving of special treatment in the in

the interest of justice.’” Dotson v. Clark, 900 F.2d 77, 79 (6th Cir. 1990) (quoting Aronson v. May,

85 S. Ct 3, 5 (1964) (Douglas, J., in Chambers)). The Sixth Circuit recognized in Dotson that there

would “be few occasions where a prisoner will meet this standard” and that “as a practical matter,

the motions for bail will be denied in most of the habeas proceedings.” Id.

For the reasons stated below, the Court overrules Petitioner’s objections and adopts the

R&R’s recommendation that Petitioner’s motion be denied.

Substantial Claim

Petitioner asserts his Petition raises four substantial claims of law that support his motion

for bond: (1) improper admission of inculpatory statements made to state medical board

investigator; (2) improper joinder of separately-filed criminal complaints; (3) improper jury

instruction and prosecutorial misconduct; and (4) insufficient evidence. (Doc. 1, at 2). For his

“substantial claim” argument, Petitioner relies primarily on his first claim – the admission of his

inculpatory statements. See Doc. 14, at 4.

By way of background, the Third District Court of Appeals originally overturned

Petitioner’s convictions on appeal, finding Petitioner’s statements were not voluntary and should

have been suppressed by the trial court. See State v. Gideon, 130 N.E.3d 357, 370-80 (Ohio Ct.

App. 2019). But the Supreme Court of Ohio reversed and remanded on this issue, finding the

statements voluntary and not the product of coercion. State v. Gideon, 165 Ohio St. 3d 142, 144-

49 (Ohio 2020); State v. Gideon, 165 Ohio St. 3d 156 (Ohio 2020) (superseding opinion on

reconsideration). On remand from the Ohio Supreme Court, the Court of Appeals rejected the other

claims Petitioner now raises and affirmed his conviction. See State v. Gideon, 174 N.E.3d 381

(Ohio Ct. App. 2021). The Supreme Court of Ohio declined to hear the case a second time on

appeal from that decision, State v. Gideon, 165 Ohio St. 3d 1424 (Ohio 2021) and Petitioner’s

subsequent writ of certiorari was denied by the Supreme Court of the United States, Gideon v.

Ohio, 142 S. Ct. 96 (2021).

This Court finds Petitioner has not satisfied the first Dotson prong. At the outset, the

standard of review applied to a federal habeas corpus petition is an “exacting” one. Bush v.

Warden, S. Ohio Corr. Facility, 573 F. App’x 503, 513 (6th Cir. 2014). “A state court’s

determination that a claim lacks merit precludes federal habeas relief so long as ‘fairminded jurists

could disagree’ on the correctness of the state court’s decision.” Harrington v. Richter, 562 U.S.

86, 101 (2011) (citing Yarborough v. Alvarado, 541 U.S. 652, 664 (2004)). Petitioner must show

the state court’s “presumptively correct factual findings are rebutted by ‘clear and convincing

evidence’ and do not have support in the record.” Matthews v. Ishee, 486 F.3d 883, 889 (6th Cir.

2007) (citing 28 U.S.C. § 2254(e)(1)).

Petitioner has already litigated his case through the State courts and to the United States

Supreme Court. Both the Ohio Supreme Court and the Third District Court of Appeals have heard

Petitioner’s grounds for relief and each court offering their last reasoned opinion rejected them on

the merits.1 Petitioner is now challenging a presumptively valid state court conviction. Because of

the “high level of deference afforded state court decisions and factual findings on habeas review”,

and upon review of Petitioner’s substantive claims – including an examination of the prior State

court decisions in Petitioner’s case – the Court finds Petitioner’s grounds for relief do not raise a

substantial claim on the merits. See, e.g., Stermer v. Warren, 2017 WL 5712894 (E.D. Mich.)

(finding Petitioner’s motion for bond were not “of such weight or merit” to overcome the high

level of deference afforded to state court decisions).

Exceptional Circumstances

Petitioner also asserts the R&R’s rejection of exceptional circumstances in this case was

unreasonable. (Doc. 10, at 5-6). He argues his worsening health serves as an exceptional

circumstance in conjunction with his misdemeanor-level convictions and short sentence. Id. at 6.

In response, Respondent argues that if Petitioner’s circumstances – a short sentence and age/poor

health – were considered “extraordinary”, the standard for obtaining release on bond in a habeas

case would no longer be a “high bar” (that the standard anticipates) to meet. (Doc. 13, at 4). The

Court agrees with Respondent.

Even assuming, arguendo, Petitioner could satisfy the first Dotson prong and show a

substantial claim on the merits, the Court agrees with the R&R’s conclusion that he has not shown

his circumstances are so “exceptional” as to justify relief. See Merriam-Webster Online

1. The state court addressed the jury instruction portion of Petitioner’s third claim on the merits,

and his argument regarding prosecutorial misconduct in closing argument on plain error review.

State v. Gideon, 174 N.E.3d 381 (Ohio Ct. App. 2021)

Dictionary, https://www.merriam-webster.com/dictionary/exceptional (defining “exceptional” as

“forming an exception: RARE”). Courts have limited exceptional circumstances warranting

release during review “to situations where (1) the prisoner was gravely ill, (2) the prisoner

committed a minor crime and is serving a short sentence, or (3) possibly where there was an

extraordinary delay in processing the habeas petition.” Blocksom v. Klee, 2015 WL 300261, at *4

(E.D. Mich.).

Petitioner’s first justification for his release is the length of his sentence. The Court

acknowledges a short sentence can be a basis for release but finds it does not, on its own, justify

release in these circumstances. See Stell v. Myers, 2011 WL 884825 at *1 (D. Or.) (“petitioner’s

relatively short sentence does not constitute an extraordinary circumstance justifying federal

intervention.”); United States v. Stevens, 2017 WL 2362852 at *2 (N.D. Okla.) (“[A]lthough a

short sentence is a relevant consideration in determining whether exceptional circumstances exist,

a one-year sentence, on its own, does not rise to the level of ‘truly unusual.’”); Ancona v. Lantz,

2005 WL 839655, at *10 (D. Conn.) (denying bail to a prisoner serving a six-month sentence with

three months remaining in the sentence).

Petitioner also contends his health conditions – including his age, diabetic status, atrial

fibrillation, cardiomegaly, and numerous surgeries to correct his spine and ankle – are exceptional

circumstances. (Doc. 4, at 4). Petitioner also states his mobility is limited. Id. Petitioner’s physician

noted Petitioner has a greater risk of worsening disc and nerve disease in his back in a prison

setting. (Doc. 4-1, at 7a). Additionally, he opines Petitioner is at risk of falling and suffering serious

injuries. Id. While this Court is sympathetic to Petitioner’s health concerns, these conditions are

likely shared by many inmates throughout the prison population.

Based on precedent, Petitioner’s health conditions do not meet the “high bar” standard to

be an exceptional circumstance on their own. See Jefferson v. Ohio, 2020 WL 1983065 (N.D.

Ohio) (petitioner suffered from bronchitis and epilepsy and was denied release based on fear of

COVID-19-related outcomes); McNaught v. United States, 2009 WL 1181266, at *2 (S.D.N.Y.)

(petitioner suffering from a stroke, vertigo and dizziness caused by Meniere’s Syndrome, and a

major depressive disorder did not constitute extraordinary circumstances); Centofanti v. Neven,

2020 WL 2114360 (D. Nev.) (no exceptional circumstances for petitioner with stage four

Hodgkin’s lymphoma, diminished lung capacity, and a possible undiagnosed heart condition

fearing high risk of complications from COVID-19). Even considering Petitioner’s short sentence

and health conditions in tandem, this Court cannot conclude these are special circumstances

warranting release.

Petitioner cites Puertas v. Overton, 272 F. Supp. 2d 621 (E.D. Mich. 2003) to support his

argument. (Reply in Support of Objections, Doc. 14, at 2). In that case, the Court held that a 76-

year-old petitioner’s life-threatening bladder cancer and heart disease constituted exceptional

circumstances and granted his release on bond. Puertas, 272 F. Supp.2d at 631. Petitioner argues

his circumstances are “surely as exceptional as those of the petitioner in Puertas.” (Reply in

Support of Objections, Doc. 14, at 2). This Court does not agree. In a later case heard by the same

court, a petitioner sought release on bond due to health concerns arising from an eye condition.

See Couch v. Trombley, 2007 WL 2259110 (E.D. Mich.). The court denied the motion for bond

because the petitioner’s condition “[was] not dire nor life-threatening[.]” Id. This is more

analogous to the case at hand. While the Court acknowledges Petitioner’s health concerns are

serious, he has not shown them to be dire nor life-threatening.

Petitioner has not shown he has a substantial claim, or deteriorating health conditions

sufficient to warrant release pending review. Therefore, the Court finds this is not the “very

unusual case”, Lee, 989 F.2d at 871, where a habeas petitioner should be released pending a

determination on the merits.

CONCLUSION

For the foregoing reasons, good cause appearing, it is

ORDERED that Petitioner’s Objections to the R&R (Doc. 10), be and the same hereby are,

OVERRULED; and it is therefore

FURTHER ORDERED that Petitioner’s Emergency Motion for Bond (Doc. 7) be, and the

same hereby is, DENIED, and it is

FURTHER ORDERED that Petitioner’s Motion for a Conference or Hearing (Doc. 11), be

and the same hereby is, DENIED.

s/James R. Knepp II

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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