TIMELINE
Pretrial
Apr. 4, 1990: Hughes robbery in Alliance, Ohio, northeastern Stark County
Apr. 5, 1990: Murphy robbery in Alliance
Apr. 5, 1990: Hartig murders in Atwater Township in rural southeastern Portage County
Apr. 7, 1990: Hartig bodies discovered in their home by neighbor's son
Apr. 9, 1990: Arrests of Tyrone Noling and others by Alliance Police Department for Hughes/Murphy robberies
Oct. 8, 1992: Indictment of Tyrone Noling in Case No. 92-CR-0261 for Hartig murders
Nov. 1992: Portage County elections for Prosecuting Attorney and Sheriff
Jan. 11, 1993: Portage County Common Pleas Court Judge George Martin grants motion to appoint experts for defense
Apr. 15, 1993: Interview by Vicky Buckwalter and Darla Cogan of Gary St. Clair at Orient Correctional Institution
Jun. 1, 1993: Trial date; case dismissed nolle prosequi on motion of prosecutor
Aug. 18, 1995: Re-indictment of Tyrone Noling in Case No. 95-CR-220 for Hartig murders
Nov. 17, 1995: Judge Martin grants motion for appointment of investigator
Dec. 22, 1995: Evidentiary hearing on motion to suppress statements
Trial (State of Ohio v. Tyrone Noling, Case No. 95-CR-220)
Jan. 8, 1996: Trial begins with voir dire in Portage County Common Pleas Court
Jan. 11, 1996: Opening statements
Jan. 23, 1996: Verdicts in guilt/innocence phase
Feb. 6, 1996: Mitigation phase begins
Feb. 8, 1996: Jury returns sentencing recommendation
Feb. 20, 1996: Judge Martin sentences Tyrone to die in the electric chair
Feb. 28, 1996: Judge Martin files his sentencing opinion
Direct Appeal (State of Ohio v. Tyrone Noling, Portage County Court of Appeals Case No. 96-P-126; Ohio Supreme Court Case No. 99-1254)
Mar. 20, 1996: Appeal filed by Tyrone's attorneys to Court of Appeals for Portage County, Eleventh Appellate District
Jun. 30, 1999: Court of Appeals files decision affirming judgment of Court of Common Pleas
Aug. 23, 1999: Appeal file by Tyrone's attorneys to Ohio Supreme Court
Dec. 20, 2002: Ohio Supreme Court files decision affirming decision of Court of Appeals
Postconviction/Collateral Appeal (State of Ohio v. Tyrone Noling, Portage County Common Pleas Court Case No. 95-CR-220; Court of Appeal Case No. 98-PA-49; Ohio Supreme Court Case No. 03-1950)
Jul. 23, 1997: Tyrone's attorneys file petition for postconviction relief in Court of Common Pleas of Portage County claiming: (1) actual innocence; (2) prosecutorial misconduct in using false evidence; (3) withholding of exculpatory evidence by the prosecution; and (4) ineffective assistance of counsel
Jul. 31, 1997: Tyrone's attorneys file first amendment to petition for postconviction relief with additional documentation and additional claims of ineffective assistance of counsel
Aug. 8, 1997: Judge John Enlow (who replaced Judge George Martin) files notice for evidentiary hearing for Sept. 2, 1997
Aug. 26, 1997: Tyrone's attorneys file second amendment to petition for postconviction relief supplementing his prior claims
Sept. 3, 1997: Prosecutor files a motion for summary judgment on the petition for postconviction relief
Sept. 5, 1997: Tyrone's attorneys file an amendment to the second amendment to the postconviction petition
Sept. 12, 1997: Judge Enlow reschedules hearing to Sept. 17, 1997 and converts hearing to status conference about evidentiary hearing
Sept. 17, 1997: At oral hearing Judge Enlow announces that evidentiary hearing will be limited to "newly discovered evidence" and denies requests for testimony of Tyrone's alleged accomplices; following evidentiary hearing Judge Enlow sets new evidentiary hearing for Oct. 20, 1997
Oct. 4, 1997: Tyrone's attorneys file memorandum opposing motion for summary judgment
Oct. 20, 1997: Limited evidentiary hearing held by Judge Enlow on "newly discovered evidence" but not on other evidence submitted with postconviction petition
Apr. 9, 1998: Judge Enlow files decision and judgment entry dismissing Tyrone's petition for postconviction relief
May 4, 1998: Tyrone's attorneys appeal decision to Court of Appeals for Portage County
Sept. 22, 2003: Court of Appeals files decision affirming the decision of Judge Enlow
Nov. 6, 2003: Notice of appeal and memorandum in support of appeal are filed in Ohio Supreme Court by Tyrone's attorneys
Jan. 21, 2004: Ohio Supreme Court declines to take appeal
Federal Habeas Corpus (Tyrone Noling v. Margaret Bradshaw, Warden, Case No. 5:04-cv-1232)
Jun. 20, 2004: Tyrone Noling's attorneys file in Federal District Court in Akron: (1) notice of intention to file habeas corpus petition, (2) motion for appointment of counsel, (3) application to proceed in forma pauperis
Jul. 20, 2004: Tyrone's attorneys file motion for stay of execution
Jul. 22, 2004: Judge Donald C. Nugent grants stay of execution
Sept.14, 2004: Judge Nugent files scheduling order with dates for filing of Tyrone's petition, Warden's return of writ, Tyrone's traverse, Warden's reply
Dec. 15, 2004: Tyrone's petition for writ of habeas corpus is filed
Feb. 14, 2005: Warden Bradshaw, through Attorney General, files return of writ to petition and appendix including transcripts and other parts of state court record
Aug. 29, 2005: Tyrone Noling's traverse to return of writ is filed
Aug. 29, 2005: Tyrone's attorneys file motion for discovery under Habeas Rule 6
Sept. 8, 2005: Warden, through Attorney General, files memorandum opposing discovery
Sept. 13, 2005: Warden files reply to Tyrone Noling's traverse
Oct. 4, 2005: Tyrone's attorneys file sur-reply to Warden's reply to the traverse
Nov. 4, 2005: Judge Nugent completely denies Tyrone's motion for discovery
Nov. 10, 2005: Tyrone's attorneys ask Judge Nugent to reconsider his denial of motion for discovery
Nov. 22, 2005: Judge Nugent denies motion for reconsideration of request for discovery
Dec. 12, 2005: Tyrone's attorneys file motion to supplement or expand the record under Habeas Rule 7 with copies of multiple exhibits attached
Dec. 12, 2005: Tyrone's attorneys file motion for an evidentiary hearing
Dec. 27, 2005: Warden, through Attorney General, files memorandum opposing motion to supplement or expand the record
Dec. 27, 2005: Warden, through Attorney General, files memorandum opposing evidentiary hearing
Dec. 30, 2005: Judge Nugent grants Tyrone's motion to expand the record, adding "Court, in evaluating claims will give whatever weight, if any, the items are entitled to receive under the law."
Jan. 6, 2006: Tyrone's attorneys file response to Warden's memorandum opposing an evidentiary hearing
Mar. 6, 2006: Judge Nugent files opinion and order denying Tyrone an evidentiary hearing
Mar. 9, 2006: Tyrone's attorneys file motion with Judge Nugent asking him to reconsider his denial of an evidentiary hearing
Mar. 15, 2006: Judge Nugent files order denying reconsideration of his previous order denying Tyrone an evidentiary hearing
Mar. 16, 2006: Tyrone's attorneys file motion to complete the record under Habeas Rule 5
Mar. 29, 2006: Warden, through Attorney General, files memorandum opposing Tyrone's motion to complete the record under Habeas Rule 5
Apr. 26, 2006: Judge Nugent files order denying motion to complete the record
June 13, 2006: Tyrone's attorneys file notice of additional authority, House v. Bell, a decision of the United States Supreme Court issued June 12, 2006 in which the Court held: "This is the rare case where -- had the jury heard all the conflicting testimony -- it is more likely than not that no reasonable juror viewing the record as a whole would lack reasonable doubt."
Aug. 14, 2006: Tyrone’s attorneys ask Judge Nugent to stay and abey his federal court proceedings to allow him to exhaust newly discovered facts in the state court. (Basically, a request to stop his federal habeas corpus proceedings until state court litigation is complete.)
Aug. 28, 2006: Warden, through Attorney General, files memorandum opposing stay and abey request.
Sep. 5, 2006: Tyrone’s attorneys ask Judge Nugent for an order directing Cleveland Plain Dealer to turn over public records obtained during its investigation. This request was withdrawn on Sep. 13, 2006, after the Cleveland Plain Dealer voluntarily released records related to its investigation to the public via internet.
Sep. 20, 2006: Tyrone’s attorneys file response to Warden’s memorandum opposing stay and abey.
Nov. 3, 2006: Tyrone’s attorneys ask Judge Nugent again to stay and abey his federal habeas corpus proceedings pending exhaustion of newly discovered facts in state court. Tyrone also asked the court, alternatively, to order discovery and to grant him funds to hire a ballistics expert.
Nov. 3, 2006: Tyrone’s attorneys return to state court filing motions alleging that he is actually innocent of the Hartig’s murders, that the prosecutor withheld evidence, and that his attorneys were ineffective. (Motions were a second postconviction petition, new trial motion, and Rule 60(b) motion). They also ask for discovery and funds for a ballistics expert. These pleadings were filed before Judge Enlow.
Nov. 6, 2006: Judge Nugent denies Noling’s first stay and abey request.
Nov. 16, 2006: In state court, the prosecutors file memorandum opposing Tyrone’s discovery and expert funding requests, and his a successor postconviction petition, new trial motion, and Rule 60(b) motions.
Nov. 9, 2006: Tyrone’s attorneys ask Judge Nugent to reconsider his denial of Tyrone’s first stay and abey request.
Nov. 17, 2006: Warden, through Attorney General, opposes Tyrone’s 2nd stay and abey request as well as his requests for discovery and expert funding.
Nov. 22, 2006: Warden, through Attorney General, files memorandum opposing Noling’s motion asking Judge Nugent to reconsider the denial of his first stay and abey request.
Nov. 27, 2006: Judge Nugent denies motion to reconsider.
Nov. 27, 2006: In state court, Portage County Public Defender Dennis Lager joins Tyrone’s defense team.
Nov. 29, 2006: Tyrone’s attorneys file response to Warden’s memorandum opposing 2nd stay and abey, discovery, and expert funds request.
Dec. 4, 2006: In state court, Judge Enlow holds status conference and orders briefing on whether he has jurisdiction to hear Tyrone’s case.
Dec. 27, 2006: In state court, the prosecutors file brief arguing that Judge Enlow does not have jurisdiction to hear Tyrone’s case.
Jan. 8, 2007: In state court, Tyrone’s attorneys file brief arguing that Judge Enlow does have jurisdiction over the case.
Jan. 23, 2007: In state court, Judge Enlow finds that he does have jurisdiction over Noling’s case and orders oral argument.
Jan. 24, 2007: Judge Nugent denies Tyrone’s second stay and abey, discovery, and expert funding requests.
Jan. 31, 2007: In state court, Judge Enlow hears argument from Tyrone’s attorneys and the prosecutors on whether Noling is entitled discovery and expert funding requests, and on the merits of his a successor postconviction petition, new trial motion, and Rule 60(b) motions.
Apr. 24, 2007: In state court, Judge Enlow denies Noling’s successor postconviction petition, new trial motion, and Rule 60(b) motions and related discovery requests.
May 10, 2007: In state court, Noling files his Notice of Appeal from the trial court’s decision.
June 19, 2007: In state court, the record is filed for Noling’s appeal in the Eleventh District Court of Appeals. Noling’s Merit Brief is due in that court on July 9, 2007.
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