Opinion

Mathis v. Black

Court
District Court, N.D. Ohio
Filed
Feb 21, 2024
Cited by
0 cases
Authority
More cited than 28.1%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

DAVID L. MATHIS, ) Case No.: 1:21 CV 169

)

Petitioner )

v. JUDGE SOLOMON OLIVER, JR.

WARDEN KENNETH BLACK,

Respondent ORDER

Currently pending before the court in the above-captioned case is Petitioner David Mathis’s

(“Mathis” or “Petitioner’) Petition for a Writ of Habeas Corpus (“Petition”) (ECF No. 1), pursuant

to 28 U.S.C. § 2254. Under Local Rule 72.2, the court referred the matter to Magistrate Judge

William H. Baughman (“Judge Baughman”). The case was later reassigned by General Order to

Magistrate Judge Jennifer D. Armstrong (“Magistrate Judge” or “Judge Armstrong”) to prepare a

Report and Recommendation (“R & R”). For the following reasons, the court adopts Judge

Armstrong’s R & R (ECF No. 11) and denies Mathis’s Petition in its entirety. The court also declines

to issue Mathis a Certificate of Appealability.

I. BACKGROUND

A. Factual Background

The following is a brief summary of the facts established at the Petitioner’s trial. After an

incident at school, A.T., the 12-year-old victim in this case, went to a local subway station to obtain

a ride home from school. (R & R at PageID #401, ECF No. 11). While there, she met Mathis, who

was over 50 years old at the time and ran a café at the station. (Id.) A.T. told Mathis about the

incident at school, and informed him that she was afraid to go home. (Id.) As it turns out, A.T. had

been given detention at school and so she worried her mother would be upset with her. (Id.) Upon

hearing this, Mathis offered to provide A.T. with a motel room for the night. (Id.) However, once

the two arrived at the motel, Mathis proceeded to perform various sexual acts with the child,

including kissing her breasts and vagina and having sex with her. (Id.) Mathis eventually left A.T.

in the hotel for the night before returning the next morning, when he continued to kiss, fondle, and

have sex with her. (Id.)

Shortly thereafter, A.T. was taken to the police station where she explained to officers how

she met Mathis, that he offered her a motel room for the night, and that he proceeded to kiss, touch,

and have sex with her once they arrived at the motel. (Id. at PageID #402). A.T. was then taken to

the hospital where she was treated and examined for sexual assault. (Id.) A.T. told the nurse

examining her the same version of events that she told the police. (Id.) The hospital also

administered a rape kit which found traces of Mathis’s genetic material on swabs from A.T.’s

breasts, underwear, and fingernail scrapings. (Id.) On November 29, 2016, Mathis was indicted for

the following charges: (1) six counts of first-degree felony rape in violation of R.C. §

2907.02(A)(1)(b); (2) three counts of felony gross sexual imposition in violation of R.C. §

2907.05(A)(4); and (3) two counts of felony kidnapping with a sexual motivation specification in

violation of R.C. §§ 2905.01(A)(4) and 2941.147(A). (Id. at PageID #402–03). Mathis pled not

guilty to all charges. (Id. at PageID #403).

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Before trial, Mathis filed a motion in limine to exclude testimony from Christine M. Scott

(“Scott”), an analyst at the Cuyahoga Regional Forensic Laboratory, regarding DNA evidence

analyzed using a technology known as TrueAllele. (Id.) Mathis argued that the Government had not

demonstrated that TrueAllele was reliable or that Scott was qualified to testify. (Id.) The trial court

held an evidentiary hearing in response to Mathis’s motion. (Id.) Ultimately, the court concluded that

the technology was reliable under Ohio Rules of Evidence, and that Scott was qualified to testify

regarding the results of the TrueAllele analysis. (Id. at PageID #403–04). The case then proceeded

to trial.

At trial, Mathis testified to the same timeline of events as A.T., but disputed that he ever had

sex with her. (Id. at PageID #402). He maintained that A.T. was lying and that any genetic material

found in the rape kit was transferred to her when she slept in the bed where Mathis and a female

friend had previously had sex earlier in the evening on the night in question. (Id.) At trial, A.T.

explained that she did not initially disclose the full extent of her physical contact with Mathis

because she was “scared.” (Id.) (citing State v. Mathis, 107365, 2019 WL 4316889, 2019-Ohio-3654,

at ¶ 11 (8th Dist. Sept. 12, 2019)). She also testified that during her interview with the police, she

started having “flashbacks” about her assault, which prompted her to relay the full story to officers.

(Id.)

During trial, Scott testified that part of the results from the TrueAllele analysis were

inconclusive due to an insufficient amount of genetic material found on the victim’s underwear. (Id.

at PageID #404). As a result, Scott explained, Mathis could not be excluded as the source of the

DNA sample from A.T.’s underwear. (Id.) On cross-examination, the prosecution asked several of

Mathis’s character witnesses if their opinion of him would change if they found out that (1) he had

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previously been convicted of assault and (2) he had previously been charged with domestic violence.

(Id.) However, it is undisputed that Mathis was never convicted of assault. (Id.) Also, while Mathis

had previously been charged with domestic violence, he was not convicted of that charge because

he had pled guilty to a lesser offense. (Id.)

Before the close of trial, the prosecution dropped one count of gross sexual imposition and

one count of rape against Mathis. (Id.) (citing Journal Entry, Ex. 6 to Return of Writ, ECF No. 6-1).

The jury went to verdict on the remaining counts and found Mathis guilty on all counts. (Id.) (citing

Journal Entry of Conviction, Ex. 7 to Return of Writ, ECF No. 6-1). Accordingly, on May 31, 2018,

the court sentenced Mathis to life with a possibility of parole after 20 years on each of the counts of

rape and kidnapping, and a term of five years on both counts of gross sexual imposition. (R & R at

PageID #404–05, ECF No. 11). The court ordered that Mathis’s sentences would run concurrently.

B. Procedural Background

On June 25, 2018, Mathis filed a notice of appeal to the state appellate court challenging his

conviction. (Id.) After the appellate court affirmed Mathis’s sentence, he filed a notice of appeal to

the Ohio Supreme Court which declined jurisdiction over the case. (Id. at PageID #405–06, ECF No.

11). Mathis then filed the instant Petition on January 21, 2021, asserting the following grounds for

relief:

GROUND ONE: Ineffective assistance of counsel

Supporting Facts: Trial counsel provided ineffective assistance in violation of Mathis’s

Sixth amendment right by: (1) failing to repeatedly object to the

prosecution’s assertion that Mathis had been convicted of assault and

arrested for domestic violence and (2) failing to interview one of

Mathis’s character witnesses ahead of trial.

GROUND TWO: Prosecutorial misconduct

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Supporting Facts: The prosecution violated Mathis’s due process rights guaranteed by

the 14th amendment by falsely asserting that Mathis had been

convicted of assault when in fact he had not.

GROUND THREE: Admission of misleading evidence

Supporting Facts: The trial court violated Mathis’s due process rights under the 14th

amendment by permitting expert testimony regarding DNA evidence

from the victim’s underwear despite the expert testifying that she

could not conclusively determine or exclude Mathis as the source of

the genetic material.

GROUND FOUR: Introduction of improper expert testimony

Supporting Facts: The trial court violated Mathis’s due process rights under the 14th

amendment by permitting one of the prosecution’s witnesses, a social

worker, to testify regarding the disclosure habits of child-victims of

sexual assault.

(Pet. at PageID #23–30, ECF No. 1-2). Warden Kenneth Black (“Respondent” or “Warden Black”)

filed a Return of Writ (ECF No. 6) on May 21, 2021. In it, Respondent argues that Mathis

procedurally defaulted on his third claim for relief by failing to present that ground before the state

courts on direct appeal. (Return of Writ at PageID #47–52, ECF No. 6). As to Petitioner’s other three

grounds for relief, Respondent contested each of those claims on their merits. (See id. at PageID

#52–79). On August 4, 2021, Mathis filed his Traverse (ECF No. 9) followed by a correct Traverse

on August 5, 2021 (ECF No. 10).

On September 2, 2022, the case was reassigned by General Order from Judge Baughman to

Judge Armstrong. Judge Armstrong subsequently submitted her R & R on November 30, 2023 (ECF

No. 11). Having found that Petitioner’s four grounds for relief are without merit, and that Petitioner

has procedurally defaulted on his third claim for relief, Judge Armstrong recommends that the court

deny Mathis’s Petition in its entirety and not grant him a Certificate of Appealability. (R & R at

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PageID #400, ECF No. 11). More specifically, Judge Armstrong determined that Mathis’s ineffective

assistance of counsel claim failed under the “extremely deferential” standard attorneys are afforded

under Strickland v. Washington, 466 U.S. 668 (1984), which presumes that attorneys render adequate

assistance and exercise reasonable professional judgment in representing their clients. (See id. at

PageID #412–17). Judge Armstrong also concluded that, because the state court had adjudicated

Mathis’s ineffective assistance of counsel claim on the merits on direct appeal, the district court must

afford the state court’s decision an additional layer of deference. (See id. at PageID #413–14) (citing

Perkins v. McKee, 411 F. App’x 822, 828 (6th Cir. 2011)) (“Because the Michigan court of appeals

reviewed [Petitioner’s] ineffective-assistance claim on the merits, we give the state court's

adjudication AEDPA deference.”); see also 28 U.S.C. § 2254(d). The Magistrate Judge similarly

found Mathis’s prosecutorial misconduct claim unavailing because the state appellate court had

adjudicated the claim on the merits and determined that the prosecutor’s conduct was harmless in

context of the trial as a whole. (See id. at PageID #417–422). Accordingly, she concluded that the

state court’s determination should also be afforded AEDPA deference. (Id. at PageID #420).

With respect to Mathis’s challenge regarding the admissibility of the DNA evidence and the

Government’s DNA expert witness, Judge Armstrong agreed with the Ohio appellate court that

Mathis had procedurally defaulted on this claim because he failed to object to the admissibility of

the DNA evidence at trial. (Id. at PageID #422). The Magistrate Judge also found fatal to Mathis’s

third claim the absence of clearly established Supreme Court precedent holding that an error of state

law regarding the admissibility of evidence constituted a cognizable basis for habeas relief. (Id. at

PageID #424–26). Finally, Judge Armstrong agreed with the state court’s conclusion that Mathis’s

challenge regarding the social worker’s testimony was without merit because the witness’s testimony

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did not “so infect the trial with unfairness as to make the resulting conviction a denial of due

process.” (Id. at PageID #428) (citing Darden v. Wainwright, 477 U.S. 168, 181 (1986)); see also

Mason v. Brunsman, 483 F. App’x 122, 131 (6th Cir. 2012). Judge Armstrong also concluded that

because the Supreme has never held that Daubert challenges are cognizable on habeas review,

Mathis’s argument that the social worker’s testimony should be excluded as improper expert

testimony was similarly in vain. (R& R at PageID # 428, ECF No. 11) (citing Bojaj v. Berghuis, 702

F. App’x 315, 320 (6th Cir. 2017). Petitioner filed his Objection to the Magistrate Judge’s R & R

on January 2, 2024 (ECF No. 12). This case is now ripe for review.

II. LAW AND ANALYSIS

As the Magistrate Judge pointed out, Mathis’s Petition is governed by the Antiterrorism and

Effective Death Penalty Act of 1996 (“AEDPA”). (See R & R at PageID #406–07, ECF No. 11).

Under the AEDPA statute, a petition for a writ of habeas corpus cannot be granted to a person in

custody as a result of a state conviction unless the adjudication “(1) resulted in a decision that was

contrary to, or involved an unreasonable application of, clearly established Federal law as determined

by the Supreme Court of the United States; or (2) resulted in a decision that was based upon an

unreasonable determination of the facts in light of the evidence presented in the State court

proceedings.” 28 U.S.C. §§ 2254(d)(1) and (2). Under § 2254(d)(1)’s “unreasonable application”

language, “a federal habeas court may grant the writ if the state court identifies the correct governing

legal principle[...] but unreasonably applies that principle to the facts of the prisoner’s case.” Lockyer

v. Andrade, 538 U.S. 63, 75 (2003). In order for this to be the case, the state court’s application of

the law must be “objectively unreasonable,” not just incorrect or erroneous. Id. This standard is

intentionally “difficult” for prisoners to meet. See Harrington v. Richter, 562 U.S. 86, 102 (2011)

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(“If [AEDPA] standard [for granting habeas relief] is difficult to meet, that is because it was meant

to be.”)

Although Mathis indicates he raises general objections to Judge Armstrong’s conclusions

with respect to claims one, three and four, he sets forth specific objections only regarding the R &

R’s recommendation in respect to his second ground for relief: the allegation of prosecutorial

misconduct. (See generally Obj., ECF No. 13). In his Objection, Mathis contends that the Magistrate

Judge erroneously deferred to the state appellate court’s conclusion on his prosecutorial misconduct

claim because the state court performed a harmless error analysis when it should have performed a

“prejudicial effect” analysis of the prosecutor’s words. (Id.) More specifically, Mathis argues that

federal law requires courts to conduct a “prejudicial effect” analysis to determine the “probable effect

the prosecutor’s response would have on the jury’s ability to judge the evidence fairly”. (Id. at

PageID # 440) (citing United States v. Young, 470 U.S. 1, 12 (1985)). The court finds Petitioner’s

argument unpersuasive.

The Supreme Court has held that, “[i]nappropriate prosecutorial comments, standing alone,

would not justify a reviewing court to reverse a criminal conviction obtained in an otherwise fair

proceeding.” Young, 470 U.S. at 11. As the state appellate court, the Magistrate Judge, and Mathis’s

Objection all point out, a prosecutor’s improper remarks “must be examined within the context of

the trial to determine whether the prosecutor’s behavior amounted to prejudicial error.” Id. at 12

(emphasis added). Here, the state court did exactly that and determined that the prosecutor’s conduct

was harmless and therefore not prejudicial. The Eighth District Court of Appeals for Ohio concluded

that, “[e]ven were we to assume that the state’s mention of an assault conviction was improper, when

viewed in the context of the entire trial, we find that the state’s reference to an assault conviction to

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be harmless.” (R & R at PageID #419–420, ECF No. 11) (emphasis added). Despite Mathis’s

contention, the Supreme Court does not “require more” of the state court. (Obj. at PageID #441, ECF

No. 13). In fact, the Supreme Court has held that federal courts on habeas review can tolerate much

less of an explanation from state courts. See Harrington, 562 U.S. at 97–98 (finding that a federal

court on habeas review must still defer to a state court’s adjudication of a claim even when the

state’s order is “unaccompanied by an opinion explaining the reasons relief has been denied”).

Because the state court already adjudicated Petitioner’s prosecutorial misconduct claim on the

merits, the court rejects Mathis’s sole objection.

In his Objection, Mathis also implies that the state court’s decision was an unreasonable

application of federal law. (See Obj. at PageID #440–41, ECF No. 13) More specifically, Mathis

contends that because the state court and the Magistrate Judge both concluded that the prosecutor’s

remarks regarding Mathis’s non-existent assault conviction amounted to misconduct, “it can be said

that ‘no fair-minded jurist’ would disagree” that the prosecutor’s remarks were improper. (See id.

at PageID #440). Mathis’s argument misses the mark. The Supreme Court’s test in Young is not

intended to determine whether the prosecution’s remarks amounted to misconduct. Rather, the

purpose of the test is to assess “the probable effect” of the misconduct to determine whether the

remarks were so prejudicial that they deprived the defendant of a fair trial. See Young, 470 U.S. at

11–12. The fact that two jurists agreed that the prosecution’s remarks in this case amounted to

misconduct—a point that the Government also conceded— is irrelevant to the question of whether

“fair-minded jurists could disagree that the state court’s decision conflicts with this Court’s

precedents.” (R&R at PageID #411, ECF No. 11) (quoting Harrington, 562 U.S. at 102).

Accordingly, the proper inquiry on habeas review is whether the Eighth District Court of Appeals

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for Ohio’s conclusion—that the prosecutor’s remarks were ultimately harmless in context of the

entire trial—was so unreasonable, such that “no fair-minded jurist could disagree that the state

court’s decision conflicts with this Court’s precedents.” Harrington, 562 U.S. at 102. Mathis makes

no argument that meets this intentionally high bar for habeas relief. Accordingly, the court finds that

Mathis’s Objection is without merit.

III. CONCLUSION

After careful de novo review of the R & R, Mathis’s Objection, and all other relevant

documents in the record, the court finds that Judge Armstrong’s recommendation is fully supported

by the record and controlling case law. Accordingly, the court adopts the R & R and hereby denies

and dismisses the Petition. The court also certifies that there is no basis on which to issue a

Certificate of Appealability. Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c).

IT IS SO ORDERED.

/s/ SOLOMON OLIVER, JR.

UNITED STATES DISTRICT JUDGE

February 21, 2024

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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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