John Paul Sullivan v. Warden Misty Mackey

Summary

This document is a Report and Recommendation in a federal habeas corpus proceeding brought by Ohio state prisoner John Paul Sullivan under 28 U.S.C. § 2254. Sullivan alleges ineffective assistance of trial counsel based on alleged coercion to plead guilty and counsel’s failure to show him evidence. The document recounts Sullivan’s state criminal, appellate, and post-conviction proceedings and applies the AEDPA and Strickland standards.

Holdings

1. Sullivan was not entitled to habeas relief because the state appellate court’s rejection of his ineffective-assistance claim was neither contrary to nor an unreasonable application of clearly established federal law under Strickland and AEDPA.
2. Sullivan did not rebut by clear and convincing evidence the presumption that the state courts’ credibility and factual findings were correct.
3. The report recommends that no certificate of appealability issue because reasonable jurists could not disagree with the recommended resolution of Sullivan’s constitutional claim.

Questions Presented

1. Whether the Ohio courts unreasonably applied Strickland v. Washington in rejecting Sullivan’s claim that trial counsel was ineffective for failing to review discovery and coercing his guilty plea with alleged death-penalty threats.
2. Whether the state courts made an unreasonable factual determination in crediting trial counsel’s testimony over Sullivan’s testimony.
3. Whether Sullivan was entitled to a certificate of appealability.

Disposition

other