Harris v. Jago

LIVELY, Chief Judge; ENGEL and KRUPANSKY, Circuit Judges. Per Curiam. Harris appeals from a judgment of the district court dismissing his petition for a writ of habeas corpus. Harris was convicted of aggravated murder in Ohio court and sentenced to life imprisonment. His conviction was upheld on appeal and in post-conviction proceedings in the Ohio courts. In these post-conviction proceedings and in this habeas corpus action Harris maintained that he was denied a fair trial because evidence was removed from the murder scene by the coroner who refused to turn the evidence over to investigating officers. Harris has argued throughout the state and federal proceedings that he was denied a fair trial because the existence of the evidence was not made known to him prior to trial, even though he made a general request for Brady materials.