Regarding McGuire's second argument, the panel determined cases in which the U.S. Supreme Court has granted habeas relief when a trial court's jury instructions precluded consideration of proper mitigating evidence were inapposite because the cases originated from states that do not reweigh on appeal - unlike Ohio.
"McGuire's claim also finds no support in Gardner v. Florida, 430 U.S. 349 (1977), in which the Supreme Court held that a due-process violation occurs when a trial court imposes a death sentence partially based on information never disclosed to the defendant and which the defendant therefore could not deny or explain," Rogers continued.
"McGuire's death sentence, by contrast, was based wholly on evidence McGuire heard in open court and could deny or explain by means permitted in the state rules of evidence. Therefore, McGuire was not entitled to habeas relief on this claim."
Finally, the man's final argument that the evidence was insufficient to show compulsion by force or threat of force was met no more favorably by the panel. The judges reasoned McGuire told law enforcement that another man had raped the woman and he told fellow inmates she had refused to have sex with him.
"Medical evidence of skin abrasions was consistent with compulsion by force," Rogers concluded. "In addition, Stewart's body was found lying on the ground without a coat, out of doors in the Ohio winter. Viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could find that McGuire purposely compelled Joy Stewart to engage in sexual conduct with him, and the Supreme Court of Ohio was not unreasonable when it decided that sufficient evidence supported the jury's verdict that McGuire was guilty of rape.
"Because sufficient evidence supported the jury's guilty verdict for rape, sufficient evidence supported the jury's findings that McGuire is guilty of aggravated murder and eligible for the death penalty based on rape."
Senior Judge Eugene Siler Jr. and fellow 6th Circuit Judge Jeffrey Sutton joined Rogers to form the majority.
The case is McGuire v. State of Ohio, et al., case No. 07-3991., KEITH ARNOLD, Daily Reporter Staff Writer, Copyright 2010, The Daily Reporter, 580 S. High St., Columbus, OH., A federal appeals court in Cincinnati last week found that an Ohio
death-row inmate was not entitled to habeas relief as he had argued in
U.S. District Court., publish, open, , , Death-row inmate's arguments rejected; court rules hearsay properly excluded, 2011-11-07 20:50:35, , 0, , Death Row, Death-Row, Habeas Relief, 6th Circuit Court of Appeals, Dennis McGuire, 0, 1, 1, article, 1, 0, 0, 2010-09-09, 2, 2">
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