Stojetz v. Ishee

OPINION AND ORDER

FROST, District Judge.

Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this Court a habeas corpus action under 28 U.S.C. § 2254. This matter is before the Court upon respondent’s motion to dismiss procedurally defaulted claims, (Doc.# 23), petitioner’s memorandum in opposition, (Doc.# 34), and respondent’s reply, (Doc. #35).

I. Factual History

The facts and procedural history of this case were set forth by the Supreme Court of Ohio in State v. Stojetz, 84 Ohio St.3d 452, 705 N.E.2d 329 (1999):

On April 25, 1996, appellant, John C. Stojetz, Jr.,…