Answer:
In August of 1989, an Ohio jury found Hester guilty of the aggravated murder of his wife, Janis Hester, and sentenced him to life in prison. After the sentence, Hester filed a petition for post-conviction relief pursuant to Ohio on the ground that his right to a speedy trial had been violated under the Constitution and under state law.
The trial court denied this petition on the basis that this issue could be raised only at trial or on appeal. Hester filed a direct appeal and the State Court of Appeals affirmed his conviction. Hester also filed a motion for a new trial pursuant to Ohio, which the magistrate judge noted in his Report and Recommendation has not yet been ruled upon. The record also contains a delayed appeal to the Ohio Supreme Court. However, the state supreme court overruled Hester's motion for leave to appeal, without comment or discussion of the merits of his claims.
The matter was referred to a magistrate judge, who determined that Hester had "waived" certain of his ineffective assistance of counsel claims and his claim of abuse of discretion by the trial court. The magistrate judge also found that, notwithstanding his failure to exhaust certain claims of prosecutorial misconduct, the exhaustion requirement should be excused with regard to Hester's claims surrounding the statements of Thornton and Thomas.
Explanation:
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