Full opinion text
SUHRHE INRICH, J., delivered the opinion of the court, in which BATCHELDER, J., joined. NATHANIEL R. JONES, J. (pp. 542-52), delivered a separate dissenting opinion. OPINION SUHRHEINRICH, Circuit Judge. In August 1983, the Court of Common Pleas in Hamilton County, Ohio, sentenced Petitioner, John W. Byrd, Jr., to death for the aggravated murder of Monte Tewks-bury. The Ohio state courts repeatedly rejected Petitioner’s claims for relief. In March 1994, only days before his scheduled execution, Petitioner filed his first petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The U.S. District Court for the Southern District of Ohio denied the petition. We now AFFIRM that denial. I. Background A. Facts On the evening of April 17, 1983, Monte B. Tewksbury was working alone as the night clerk at the King Kwik convenience store at 9870 Pippin Road in Hamilton County, Ohio. Monte was married and was- the father of three children. At approximately 11:00 p.m., two robbers entered the store in masks; one of them carried a bowie knife with a five-inch blade. The robbers removed all of $133.97 from the cash register. In addition, they took Monte’s Pulsar watch, wedding ring, and his wallet which contained cash, credit cards, and an automobile registration slip. Then, as Monte stood with his hands raised and his back to the robbers, Petitioner plunged his bowie knife to the hilt in Monte’s side, resulting in a puncture wound to the liver that caused massive internal bleeding. The two robbers ripped the inside telephone out of the wall and fled. At approximately 11:10 p.m., Robert Shephard was driving northbound on Pippin Road. He observed two men run from the King Kwik and enter a large red van parked at the corner of Pippin and Berth-brook. The van then drove off. Although severely injured, Monte managed to exit the store and get to the outside telephone. He called his wife, Sharon Tewksbury, told her he had been robbed and hurt, and that she should call the police and an ambulance. At that time, Cecil Conley, a prospective customer, arrived at the King Kwik. Conley found Monte standing outside the building and leaning against the wall next to the telephone. Monte was bleeding from his side. Conley helped Monte into the store, went back to the telephone which was still off the hook, and spoke briefly to Sharon. Conley also advised Sharon to call an ambulance, and he himself called the police. Monte told Conley “I’m going to die,” and that he had been robbed and cut with a knife. Monte described the robbers as two white men wearing stocking masks. Sharon arrived at the scene and held her dying husband in her arms as he repeated his statements. Police and medical help then came, and Monte was transported to a hospital. While en route, Monte made several statements to the effect that he did not understand why he had been stabbed, because he had been cooperative and had given the robbers everything they requested. Monte also made a statement to the effect of “Thank God I didn’t see it coming,” which supports the conclusion that his back was to his assailants when he was stabbed. Almost immediately after he was taken to the emergency room, Monte’s heart stopped. Despite heroic efforts to save his life, Monte died at 1:15 a.m., April 18, 1983, from exsanguination resulting from his stab wound. That night, a short time after the King Kwik robbery, Jim Henneberry, a clerk at a nearby U-Totem store, was standing at the cash register. A customer, Dennis Nitz, was playing a video game near the front door when two robbers entered the store wearing masks. Henneberry realized what was occurring and fled to a room in the rear of the store. One of the robbers chased after Henneberry with a knife. The robber tried unsuccessfully to force open the door to the room. Meanwhile, the other robber pushed Nitz back when he attempted to leave; however, Nitz was able to dodge him and get out. The robbers were unable to open the cash register, so they took it with them. Robin Hannon, a resident of an apartment located near the U-Totem, was disturbed by the noise from a loud muffler. Hannon looked outside and observed two people getting into a large red van parked in the U-Totem lot. The van had a defective tail light. Shortly after 1:00 a.m. on April 18, 1983, two police officers from Forest Park in Hamilton County were seated in a marked police cruiser eating their lunch. The officers were in a K-Mart parking lot, which was located in an area containing principally commercial establishments, some of which had recently been burglarized. The officers had been advised approximately forty-five minutes earlier by their supervisor about the incident at the King Kwik. As the officers watched, a red cargo van drove by at a slow rate of speed. The van pulled into the K-Mart lot, and its headlights were turned off. A few minutes later, the van’s headlights came back on, and the van left the lot. However, the van returned within five minutes, again at low speed, from the direction opposite to that in which it had gone moments before. The police officers became suspicious, followed the van, and, upon inquiry of the police dispatcher, learned the identity of its owner. The van pulled into a parking lot adjacent to a closed United Dairy-Farmers store. The officers pulled behind the van after summoning back-up assistance. One of the passengers, later identified as John Eastle Brewer, exited the van and approached the police car. Brewer identified himself as “David Urey” and told the police he had no identification. Brewer provided inconsistent stories about why he was in the area. One of the officers asked Brewer to remain in the cruiser while he approached the van. The van’s driver, William Danny Woodall, and Petitioner provided the officer with identification, which was called in to the dispatcher. Although there were no current warrants for either Petitioner or Woodall, the dispatcher reported that both had prior felony convictions. The officer shined a flashlight inside the van and saw coins on the floor. There were stocking masks and a knife located in a tray on the dashboard. A Shell credit card in Sharon’s name was lying on the floor under the passenger seat. There was also what appeared to be fresh blood on the interior side . of the driver’s seat. A drawer from a cash register was in the back of the van. . B. Indictment and Trial On the basis of this evidence, Petitioner, Brewer, and Woodall were arrested. In an indictment returned on May 26, 1983, the three were charged with aggravated murder and three counts of aggravated robbery. Petitioner also was charged with two death penalty specifications; i.e., that he was the “principal offender” who committed the aggravated murder of Monte Tewksbury while committing or attempting to commit the aggravated robbery of the King Kwik, as well as the aggravated robbery of Monte Tewksbury himself. Pleas of not guilty were entered as to all charges on May 31, 1983. Petitioner’s counsel filed a series of pre-trial motions, including one seeking the suppression of evidence taken from the van. The Hamilton County Court of Common Pleas denied this motion on July 26, Í983. Jury selection for Petitioner’s trial began on August 1,1983, and lasted five days. The main evidence introduced at trial to prove that Petitioner was the principal offender, i.e., the individual who actually stabbed and murdered Monte, came from Ronald Armstead, who at the time of trial, was serving a sentence at the Cincinnati Workhouse (Cincinnati Correctional Institute). Armstead testified that he recalled Petitioner’s, Brewer’s, and Woodall’s arrival at the Workhouse and that, practically from the date of their arrival, they had bragged about committing the King Kwik robbery and Monte’s murder. Armstead testified that, approximately three weeks after the robbery, he was with Petitioner, Brewer, Woodall, and others when a P.M. Magazine television program aired featuring footage of the Tewksbury family. The footage, which included singing by Monte’s daughter, was taped the day before Monte was murdered. According to Armstead, Petitioner stated during the telecast that Monte deserved to die and, either then or at another time, admitted to Armstead that he had killed Monte because Monte had “gotten in the way.” Armstead also testified that Petitioner sought advice from him regarding whether the prosecution could detect blood stains on a knife blade if it had been cleaned. The State called a total of twenty-six witnesses at the guilt stage. Petitioner, on the other hand, cálled only one witness, a police officer who identified some of Woodall’s clothing. Closing arguments were presented on August 12, 1983, after ten days of trial. Late that evening, the jury asked the court to have Armstead’s testimony read back. Over objection, the court reporter read the entirety of Arm-stead’s testimony to the jury in open court. Shortly thereafter, the jury returned its verdict finding Petitioner guilty of aggravated murder and two counts of aggravated robbery. The jury also found Petitioner guilty of the two death penalty specifications. The sentencing phase of the trial began on August 16, 1983. Petitioner called one witness, his mother, Mary Lou Ray. Mrs. Ray testified that she gave birth to Petitioner when she was sixteen years old and her marriage to Petitioner’s father ended shortly thereafter. She testified that Petitioner’s father went to jail shortly after their son was born and she had not seen her ex-husband in eighteen years. She also discussed her subsequent failed marriages to two men, both of whom abused Petitioner. For instance, Mrs. Ray testified that she married Ed Ryan, and the marriage lasted three years. She stated that Ryan “was mean to Johnny [Petitioner], When Johnny got older, he blacked his eyes.... [Petitioner] couldn’t do nothing right to please him.” Tr. at 1762. Mrs. Ray also described a learning disability from which Petitioner suffered throughout his schooling. According to Mrs. Ray, Petitioner was extremely frustrated by the ridiculing he received from other children. Finally, Mrs. Ray recounted how at age eleven Petitioner assisted another young child who had fallen into a frozen creek. On cross-examination, Mrs. Ray admitted that she had filed several petitions with the juvenile court alleging her inability to maintain control of her son. She also conceded that she had never reported any abuse of Petitioner to the authorities. As permitted under Ohio law, Petitioner then made an unsworn statement to the jury. He expressed remorse for what happened to Monte and his family, noted that he was only 19 years old, and made a plea for his life. The State presented no witnesses at the sentencing hearing. Later the same day, the jury found that the aggravating circumstances outweighed the mitigating factors and recommended imposition of the death penalty. On August 19, 1988, the trial court adopted the jury’s recommendation and sentenced Petitioner to death as the principal offender in the felony murder charge and to consecutive jail terms of seven to twenty-five years on the two aggravated robbery counts. The trial court issued a written opinion on August 30, 1983, explaining that it had found beyond a reasonable doubt that the aggravating circumstances outweighed the mitigating factors in Petitioner’s case. The. court noted that the jury found two statutory aggravating circumstances; i.e., that the murder occurred in connection with two different aggravated robberies. The court concluded “that defendant’s killing of the victim was completely unnecessary and cold blooded since the victim had submitted peacefully and turned over his personal possessions and money. This killing ... evidenced the particularly malicious outlook of this defendant.” JA at 1130. The court further stated: “The proved facts of the aggravating circumstances reveal a pattern of willful, coldblooded disregard for human life and values well beyond what this judge has seen in other cases.” JA at 1132. The court then reviewed the mitigating factors in Petitioner’s case. The court specifically rejected Petitioner’s youth as a consideration, noting that Petitioner was “the oldest 19 year old this Judge has ever seen.” JA at 1131. The court also considered the nature and circumstances of the offense, listed under Ohio law as possible mitigating factors. However, the court noted the unnecessary and brutal nature of the murder and commented as to the evidence of the incident at the U-Totem store as well. The only mitigation evidence the trial court believed worthy of consideration was the evidence of Petitioner’s unhappy childhood, lack of paternal love and affection, and some degree of abuse. The court stated that there was nothing introduced at trial which showed that Petitioner’s childhood experiences resulted in any emotional scarring that could manifest itself later in life or explain his behavior on the night in qúestion. The court concluded: “To give credence to this suggested mitigation would be an affront to the sensitivities'of the thousands of law-abiding, hardworking citizens of this state who had a similar childhood and have matured to an adulthood of exemplary existence.” JA at 1134. The court also disregarded Petitioner’s statement during the penalty phase concerning drinking and using drugs on the night in question as being “self-serving” and “not under oath.” With respect to Petitioner’s alleged learning disability, the court expressly held that “[i]t should be fairly obvious to even a person of. low mentality that if you bury a bowie knife to its hilt in the chest of someone, the victim may die as a result, thereof, and that the perpetrator will suffer the full punishment provided by law.” JA at 1134. Based,on its determination that this mitigating evidence was insufficient to counteract the aggravating circumstances, the court held that death was the appropriate sentence in this case, and it directed that Petitioner be executed on January 27,1984. C. Appeals After his sentencing, Petitioner was appointed new counsel to represent him on appeal. In his appellate brief, Petitioner raised twenty separate assignments of error. On February 5, 1986, the Ohio Court of Appeals for the First Appellate District (Hamilton County) (hereinafter referred to as the Hamilton County Court of Appeals), affirmed both Petitioner’s conviction and sentence. State v. Byrd, No. C-830676, 1986 WL 1612 (Ohio Ct.App. 1 Dist., Feb. 5, 1986). On August 12, 1987, the Ohio Supreme Court rejected essentially the' same claims. State v. Byrd, 32 Ohio St.3d 79, 512 N.E.2d 611 (Ohio 1987). The state supreme court concluded that this case “involve[s] a completely compliant victim who gave Byrd no reason to stab him. We find that the death penalty is not inappropriate considering the senseless nature of the murder and the similarity to other cases in which the death penalty was upheld.” Id. at 626. The U.S. Supreme Court denied a petition for certiorari. Byrd v. Ohio, 484 U.S. 1037, 108 S.Ct. 763, 98 L.Ed.2d 780 (1988). While his direct appeal was still pending, Petitioner filed a motion for a new trial. Although it was filed on December 6, 1983, the motion was not ruled upon for almost six years. On September 19, 1989, the trial court denied the motion. The Hamilton County Court of Appeals subsequently affirmed this denial. State v. Byrd, No. C-890659, 1991 WL 17781 (Ohio Ct.App. 1 Dist., Feb. 13,1991). Following Petitioner’s direct appeals, and while his motion for a new trial .was pending, Petitioner filed a post-conviction relief petition with the Hamilton County Court of Common Pleas. The court denied a request by Petitioner to consolidate his post-conviction petition with his motion for a new trial and then denied the post-conviction petition without a hearing on October 2, 1989. On February 13, 1991, the Hamilton County Court of Appeals reversed and remanded. State v. Byrd, No. C-890699, 1991 WL 17783 (Ohio Ct. App. 1 Dist., Feb. 13, 1991). The court of appeals stated that the common pleas court’s decision did not recite that it had reviewed the totality of the record before denying the petition. Id. at *2. Despite obtaining a remand from the court of appeals, Petitioner appealed the judgment of the appellate court to the.Ohio Supreme Court. On May 20, 199Í, the state supreme court granted the State’s motion to dismiss the appeal, effective as of May 15, 1991. State v. Byrd, 60 Ohio St.3d 705, 573 N.E.2d 665 (Ohio 1991). On April 1, 1991, the common pleas court again denied the post-conviction relief petition without a hearing. The trial court explained: “The Court of Appeals has erroneously concluded that this Court did not review the entire record when previously ruling on this case.... This Court did previously review the entire record, and now, pursuant to the Court of Appeals decision, has again reviewed the entire record.” State v. Byrd, No. B-831662, 1986 WL 1512, at.*l (Hamilton County C.P., Apr. 1, 1991). The Hamilton County Court of Appeals affirmed this judgment on February 26, 1992. State v. Byrd, No. C-910340, 1992 WL 37761 (Ohio CtApp. 1 Dist., Feb. 26,1992). In particular, the court of appeals determined that Petitioner’s ineffective assistance of appellate counsel claims were not properly raised in a post-conviction petition. Id. at *6. The Ohio Supreme Court declined to hear Petitioner’s appeal of the denial of his post-conviction petition. State v. Byrd, 64 Ohio St.3d 1442, 596 N.E.2d 472 (Ohio 1992). After failing to persuade the state courts to hear his ineffective assistance of appellate counsel claims in a petition for post-conviction relief, Petitioner filed an application for delayed reconsideration with the Hamilton County Court of Appeals on June 17, 1992. On October 1, 1992, the court of appeals issued an order in which it stated that it would not consider any of these claims because they were untimely. State v. Byrd, No. C-830676 (Ohio Ct.App. 1 Dist., Oct. 1, 1992). Following the court of appeals’s refusal to hear his claims, Petitioner pursued two different courses. First, Petitioner appealed that refusal to the Ohio Supreme Court. On October 27, 1993, the state supreme court affirmed the judgment of the court of appeals in a one-sentence order. State v. Byrd, 67 Ohio St.3d 1485, 621 N.E.2d 407 (Ohio 1993). Second, Petitioner filed a motion for delayed reinstatement of his direct appeal to the Ohio Supreme Court. The court denied the motion without elaboration in another entry issued on October 27, 1993. State v. Byrd, 67 Ohio St.3d 1487, 621 N.E.2d 409 (Ohio 1993). Motions to reconsider both orders were denied on December 15, 1993, and the Ohio Supreme Court scheduled an execution date of March 15, 1994. Then, on March 7, 1994, only eight days before his scheduled execution, Petitioner filed a petition for a writ of habeas- corpus pursuant to 28 U.S.C. § 2254. “That formidable filing included 29 claims for relief and filled almost 300 pages.” Collins v. Byrd, 510 U.S. 1185, 1186, 114 S.Ct. 1288, 127 L.Ed.2d 642 (1994) (Scalia, J., dissenting from denial of the application to vacate stay of execution). The U.S. District Court for the Southern District of Ohio rejected Petitioner’s habeas petition on grounds of inexcusable delay. However, we granted a stay of execution. Among other things, our order granted Petitioner “120 days to allow for further investigation and discovery of possible habeas claims,” id. at 1187, 114 S.Ct. 1288 (internal quotations omitted), as well as “leave ... to amend the petition within sixty (60) days of this order to include any newly discovered claims,” Id. at 1187-88, 114 S.Ct. 1288 (internal quotations omitted). Upon application by the State, the U.S. Supreme Court declined to vacate the stay. Petitioner’s case was transferred to a different district court judge. On December 28, 1995, following three separate opinions disposing of the claims raised, the district court entered an order denying the petition for a writ of habeas corpus and dismissing the action. Petitioner now appeals from the district court’s denial of habeas relief. II. Ronald Armstead A. Testimony Regarding Petitioner’s Confession The first issues that we will consider focus upon the testimony of Ronald Armstead. All agree that Armstead’s testimony was vitally important to the jury’s determination that Petitioner was the principal offender in the aggravated murder of Monte Tewksbury. Armstead testified that, following their arrests, Petitioner, Brewer, and Woodall were transported to Block A at the Cincinnati Workhouse where Armstead was an inmate. Armstead testified that Petitioner subsequently confessed to stabbing Monte. The following excerpts of Arm-stead’s testimony are the most crucial: Q [by the prosecution]: And what were some of the other questions that they asked you and talked to you about? A [by Armstead]: Well, they was doing a lot of bragging, you know, about their case, period. Byrd (indicating) and Brewer, I talked to them in Byrd’s cell.... He [Petitioner] was telling me about how he had stabbed that gentleman out there at the King Kwik, you know, and he wanted to be sure that they didn’t, wasn’t able to find any blood stains on the knife, you know. He wanted to, you know, as much information that he could get from my standpoint, how would they be able to find any blood on the knife if they cleaned it. Q: Let me ask you this question. Did Defendant Byrd specifically tell you that he’s the one that stabbed Monte Tewks-bury? A: Yes, he did. Q: How did he say that? A: Okay. See, he kept on worrying, he, you know, he kept on worrying about that knife, so like he had got some stamps, so I was in the cell talking with him first and then Brewer came in and then we just started, they just started asking me questions, and he said, “Yeah, I killed him, I killed him, you know, because he was in my motherfu_king way, f_k him,” you know. That’s the whole attitude they took the whole time they were there, they don’t care, you know. He [Petitioner] don’t care (indicating). Q: Did Brewer tell you who took the money? A: Brewer took the money. He [Petitioner] stabbed him (indicating). Tr. at 1547-52. In the district court, the Hamilton County Prosecutor’s Office submitted affidavits asserting that Armstead had provided the prosecutors with details about the murder that were known only to the police and that had not been provided to the media. B. Petitioner’s Challenges to Armstead’s Testimony On appeal, Petitioner posits several challenges to Armstead’s testimony. First, Petitioner contends that either of the following is true: (1) That Armstead and the prosecution had agreed prior to the time that Armstead testified that Armstead would receive favorable consideration in an upcoming parole revocation hearing he was facing in exchange for his testimony and that Armstead testified falsely that no such deal had been made; or (2) even if no deal had been reached between Arm-stead and the prosecution, Armstead nevertheless testified falsely when he stated that he was not facing additional charges at the time of Petitioner’s trial. Second, Petitioner alleges that Armstead’s testimony about Petitioner’s confession was false in all material respects. In support of his position, Petitioner presented affidavits from several individuals who were incarcerated with Armstead and Petitioner in the Cincinnati Workhouse in the Spring of 1983. Petitioner asserts that these affidavits show that Armstead and another inmate, Virgil Jordan, were involved in a scheme to testify falsely against Petitioner in order to further their own causes with the Hamilton County Prosecutor’s Office. Under any of these theories, Petitioner contends that the State violated his right to due process when it presented testimony from a key witness which it knew was false and which it neither corrected’ nor disclosed to Petitioner’s counsel. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Thus, Petitioner argues that we should reverse his capital conviction and vacate his death sentence. Petitioner’s third argument is an alternative one. He contends that the state courts denied him discovery and an eviden-tiary hearing on these claims. Therefore, Petitioner asks us, at a minimum, to vacate the district court’s judgment and remand Petitioner’s case with instructions that Petitioner be allowed to conduct discovery and be granted an evidentiary hearing. In order to evaluate Petitioner’s claims fully, we must review Armstead’s criminal status at the time of Petitioner’s trial, as well as the testimony that Armstead provided at trial. C. Armstead’s Status at the Time of Trial (1) Possible Parole Revocation On December 4, 1980, Armstead began serving a 3-15 year prison sentence, which was imposed by the Hamilton County Court of Common Pleas following his convictions for felonious assault and trafficking in drugs. On September 2, 1982, Armstead was paroled, notwithstanding the opposition of the Hamilton County Prosecutor’s Office, which had maintained that Armstead showed a disposition to commit violent crimes. Approximately three months later, on December 17, 1982, Armstead was arrested and . charged with robbery. The Ohio Adult Parole Authority (APA) was notified of his arrest, and, by January 3, 1983, Armstead waived a probable cause hearing on the issue of whether he was a parole violator given his recent arrest and was notified that he would receive a full parole revocation hearing at a later date. On February 2, 1983, Armstead was declared a parole violator, and the APA placed a detainer on him which would result in his arrest as soon as he was released from jail on this most recent charge. On March 15, 1983, Armstead pleaded guilty to a reduced charge of assault and attempted petty theft and received a sentence of 180 days in the Cincinnati Workhouse. His presumptive release date was September 15, 1983. While serving his 180 day sentence at the Workhouse, Armstead met Petitioner and witnessed Petitioner’s confession to Monte’s stabbing. Armstead testified to this effect at Petitioner’s trial. Petitioner was convicted on August 12, 1983, and sentenced to death on August 19, 1983. On August 29, 1983, Armstead was released from the Workhouse and sent, pursuant to a parole violator warrant, to the Columbus Correctional Facility for further proceedings. Armstead was scheduled for an informal parole review hearing on October 20,1983. On the day Armstead was released to the custody of the APA, Daniel Breyer, the prosecutor in Petitioner’s trial, spoke to a supervisor with the APA and advised him of Armstead’s cooperation. The following day, Breyer confirmed this in writing. Breyer’s letter stated that Armstead testified without inducement, by the State. The letter explained that, although it would not recommend parole, the Hamilton County Prosecutor’s Office nonetheless would not be opposed to a decision to continue Armstead on parole. Prior to the date of his parole hearing, Armstead allegedly faced threats and assaults from other inmates at the Columbus Correctional Facility, including Petitioner’s father John Byrd, Sr. As a result, Armstead was transferred to the Hamilton County Jail on October 6, 1983. Then, on approximately October 20,1983, the APA determined that Armstead would be returned to parole. Armstead’s cooperation at Petitioner’s trial was cited as a mitigating circumstance behind the decision to return Armstead to parole. On October 26, 1983, Armstead was reinstated to parole and he moved to San Diego, California. After approximately one year of supervision in San Diego, Armstead received his final release on November 1,1984. (2) Armstead’s Testimony At the outset, we note the extensive impeachment evidence elicited from Arm-stead by Petitioner’s defense counsel on cross-examination. Armstead conceded, among other things, the following facts on cross-examination: (1) That he had been incarcerated in Block A of the Cincinnati Workhouse (i.e., “the maximum security part” of the Workhouse) since approximately December 20, 1982; (2) that he also had been convicted within the previous ten years of a state or federal offense carrying a sentence of more than one year in prison; (3) that he previously had used the alias “Ronald Scott” after he escaped from the Workhouse during a prior period of incarceration and fled to Chicago; and (4) while in Chicago, he got into some “trouble” (i.e. arrested for robbery), but he had a “good work record up there and everything, so when [he] went to court the Judge gave [him] some probation.” Tr. at 1552-56. We also point out that defense counsel elicited from Armstead testimony in addition to that permitted by the Ohio Rules of Evidence. Ohio Evidence Rule 609 generally authorizes the admission of evidence of a conviction within ten years prior to the date such evidence’s introduction is sought if the crime is punishable by imprisonment in excess of one year. Ohio Evid. R. 609(A)-(B). At Petitioner’s trial in 1983, Armstead admitted that he had an “escape charge” from 1972. Moreover, although defense counsel was restricted at one point from pursuing the nature of Armstead’s conviction within the preceding ten year period, counsel successfully obtained the answer (i.e., a reference to robbery) at a later point in his cross-examination. At the conclusion of the cross-examination, the following colloquy occurred between Petitioner’s counsel and Armstead: Q: Do you have any charges pending now? MR. VOLLMAN [prosecution]: Objection, Judge. We have been over that. THE COURT: Overruled. A: No, I don’t sir. Q: Did you have charges pending at the time that you talked to the police and prosecutor? A: No, I didn’t, sir. I got my time in March the 15 and I don’t have no time pending or nothing else pending. Tr. at 1569. On re-direct examination, the prosecution asked Armstead when he was subject for release. Armstead stated: “I got about two more weeks before my time is up.” Tr. at 1570. The prosecutor then concluded by asking Armstead why he was testifying. Amstead stated: Because what he did is not what you would say is hip, and he think it hip, and he brags about it, him and his buddies, and Woodall and they bragged about it from the day that they come in the Workhouse until the day they left. And he don’t care about nothing ... and he killed that man [Monte] for no reason, ’cause he had the money, and they could have left, and I don’t have no more cases pending, and I come to testify against him because he was wrong. Tr. at 1570. On appeal, Petitioner argues that Arm-stead lied — and the prosecution knew he was lying yet failed to respond accordingly — when Armstead testified that he did not have any charges pending at the time of Petitioner’s trial. Petitioner points out that Armstead was facing an upcoming parole revocation hearing as a result of his guilty plea in March 1983 to charges of assault and attempted petty theft. In Petitioner’s view, his defense counsel’s question was not limited simply to any criminal charges Armstead might have been facing at the time, but necessarily encompassed something like a parole revocation hearing as well. In Petitioner’s state post-conviction proceedings, the common pleas court rejected Petitioner’s Brady claims and denied his motion for a new trial. The court also set forth its factual findings with respect to the Brady claims. The district court presumed these findings to be correct. While these findings are fatal to Petitioner’s Brady claims on habeas, Petitioner contends that we need not defer to these findings. We now review the findings of the common pleas court, as well as Petitioner’s arguments that these findings are not entitled to deference. III. State Court Factual Findings A. Introduction On September 19, 1989, the common pleas court denied Petitioner’s motion for a new trial, and in so doing, made several findings of fact. On October 2, 1989, and again on April 1, 1991, the court denied Petitioner’s request for an evidentiary hearing and denied his petition for post-conviction relief. In conjunction with each denial, the court made a number of factual findings. The Hamilton County Court of Appeals ultimately affirmed the denials of both the motion for a new trial and the petition for post-conviction relief. Petitioner subsequently filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On habeas review, the district court deferred to the state courts’ factual findings in rejecting Petitioner’s claims. On appeal, Petitioner contends that these findings were not entitled to the presumption of correctness, because the state post-conviction proceedings did not afford Petitioner the opportunity to conduct discovery and develop the record. We disagree. After careful study of the entire record, it appears that, prior to ruling on his claims, the state courts afforded Petitioner a significant opportunity to conduct the discovery necessary to support his demand for an evidentiary hearing. Thus, even assuming that the information Petitioner now seeks actually exists, we must defer to the state courts’ factual findings, because Petitioner had an adequate opportunity in the state courts to develop the record to the extent necessary to warrant an evidentiary hearing, but he failed to do so. See Keeney v. Tamayo-Reyes, 504 U.S. 1, 9, 112 S.Ct. 1715, 118 L.Ed.2d 318 (1992). B. Post-Conviction Proceedings in the State Courts On April 19, 1988, the Ohio Supreme Court granted Petitioner six months to prepare and present his post-conviction case. Petitioner proceeded to seek discovery on two different fronts: one in the common pleas court, and one in the Hamilton County Court of Appeals. On July 19, 1988, Petitioner, through his post-conviction counsel Richard J. Vickers, filed a Motion for Release of Records. On August 5, 1988, the common pleas court issued what can only be described as a discovery order (hereinafter referred to as “the August 5th order”). It states: It is therefore ORDERED that the Southern Ohio Correctional Facility, the Hamilton County Jail, the Hamilton County Juvenile Court and the Juvenile Detention Center, Adult Parole Authority, the Ohio Department of Rehabilitation and Corrections, University Hospital of Cincinnati, Cincinnati- General Hospital, Cincinnati Children’s Hospital and any other juvenile or adult, public or private organization or person, release upon request to Petitioner Byrd, his counsel or his agent any records in their possession which concern John W. Byrd. In addition, any person or organization having any medical, psychological, psychiatric, hospital, police, school and employment records related to Mr. Byrd should also release the records in their possession to Mr. Byrd, his attorneys or his agents. State v. Byrd, No. B-831662A (Hamilton County C.P., Aug. 5,1988). On October 18, 1988, Petitioner filed his post-conviction petition in state court and attached to it a number of affidavits of prison inmates alleging that Armstead’s trial testimony had been concocted and was untrue. Also attached to the petition were, among other things, a letter purportedly written by Armstead implying that he had testified pursuant to a deal with the prosecutor and a letter from the prosecutor to the APA indicating that Armstead had not testified as part of any deal but that, for a number of reasons, the prosecutor did not object to the possibility of Armstead returning to parole rather than being sent back to prison for violating his parole. Although he already obtained the August 5th order, Petitioner’s post-conviction counsel prepared two broad pseudo-discovery motions, which he presented to the common pleas court on October 27, 1988 (hereinafter referred to as “the October 27th motions”). The first motion requested that the court order the Hamilton County Sheriffs Office “to turn over and advise the Hamilton County Prosecutor’s Office of all information obtained during the course of their investigation of Petitioner’s case.” JA at 1718. The second motion requested that the court order the Hamilton County Prosecutor’s Office to make a “complete copy of the entire Hamilton County Prosecutor’s File on Petitioner Byrd.” JA at 1721. The request stated that the court should review this material and then seal a copy for use in further post-conviction proceedings. The prosecutor opposed the second motion, and Petitioner stated later in his ha-beas petition that the common pleas court failed to hear or grant these motions. Although Petitioner requested much more extensive discovery in the district court, these two motions appear to form the gravamen of Petitioner’s protestations that the state post-conviction courts’ findings of fact are not entitled to deference. On December 2, 1988, the common pleas court held a hearing concerning Petitioner’s request for copies of victim-impact statements, which Petitioner alleged were impermissibly given to the jury (hereinafter referred to as “the December 2nd hearing”). At that time, the prosecutor asked the court to revoke the August 5th order in its entirety and order that, in the future, if Petitioner wanted further “discovery type material, he can file a motion with this Court and this Court can consider each application on its own merits.” JA at 3992. During Petitioner’s response, the following colloquy took place: Court: Let’s try to cut through a lot of things that I don’t think are really important. What do you want? Specifically, what do you want? Vickers: Your Honor, there’s no case law or statutory authority. Court: Just answer my question. Specifically what do you want? Vickers: We would like copies of the victim impact statement. Court: For what purpose? Vickers: It’s our understanding that the victim impact statement went to the jury. Court: The victim impact statement did not go to the jury. There was no PSI requested by the defendant. That is part of the probation report, is it not? You have a complete record of what went to the jury. It’s not in there, is it? Vickers: No sir. Court: I can assure you it didn’t go to the jury. I can assure you the Court didn’t even have a copy of it, if in fact there was one. Is that all you’re requesting? Vickers: Your Honor, if I may be heard? Court: Is this all you’re requesting? Vickers: At this time, we have another motion pending for emergency room records which has not been heard. Court: I’m only going to hear what’s before me. Vickers: Yes sir. Once again, if this Court will allow me just to address Mr. Breyer’s comments. Mr. Breyer asked this Court to revoke or limit its order without citing any case law or statutory authority for it to do so. Court: I’m not going to revoke the entire order. I think revocation of the order would cause too much contact between Mr. Vickers and his staff and your office, [sic] and this particular Court with regard to discovery in the future, as regards that which may be necessary for their post-conviction relief. So I’m going to deny that portion of it. I am not going to allow the release of any of the materials which the Probation Department may or may not have, because, one, the jury didn’t have that material and neither did the Court, and I find that it has absolutely no relevance with regard to the post-conviction relief. JA at 3393-96 (emphases added). In response to a question by Vickers, the court reiterated that it was not revoking the August 5th order. The State then requested that post-conviction counsel clarify Petitioner’s allegations concerning an alleged deal between the prosecutor and Armstead. In response, counsel stated that the petition was clear: Petitioner had attached the August 30, 1983, letter from the prosecutor’s office to the APA stating that the prosecutor would not be opposed to continuing Armstead’s- parole. The State responded with a request that counsel explain in writing what the consideration was that the prosecutor allegedly gave to Armstead. This colloquy followed: Vickers: Your Honor, I would be glad to respond to Mr. Breyer, but we have sort of a Catch 22 situation here. We can only supply the documents that we have. Until the Court grants an evi-dentiary hearing we cannot conduct the kind of discovery that we need to conduct in order to fully answer Mr. Breyer’s question. [] Court: You’ve made an allegation. There’s certainly some basis for the allegation, sir. Vickers: Sir, within the context of the petition, I believe the documents show that there was contact between Armstead and the prosecutor’s office. Also this cause of action does not stand alone. There are other causes of action to indicate. Court: Is it so difficult to put that in letter form and send it to Mr. Breyer? Vickers: I will do my best to respond, yes, sir. JA at 3999. It is unclear to what extent, if any, counsel followed through with the court’s directive to respond in writing to the prosecutor’s office. Other than an apparent request for the Sheriff’s investigatory records, which Petitioner eventually received, we find nothing in the record to indicate that Petitioner ever requested to view non-work product prosecutorial materials, or, if he did make such a request but was met with prosecutorial opposition, that Petitioner took any steps to have the court enforce the request. Just prior to participating in the above-described hearing, on November 29, 1988, Petitioner requested from the Hamilton County Sheriffs Office records pertaining to the visitation at the Hamilton County Jail and the Workhouse of inmates Arm-stead, Virgil Jordan, Marvin Randolph, Robert E. Jones, and Thomas Sargent. On December 23, 1988, pursuant to Ohio Rev.Code § 149.43, Petitioner filed with the Hamilton County Court of Appeals a mandamus action seeking to enforce his public records request. State v. Leis, No. C-880792 (Ohio Ct.App. 1 Dist., June 16, 1989). Sometime after Petitioner filed the mandamus action, the court of appeals stayed the post-conviction proceedings in the trial court. On January 17, 1989, counsel for the Sheriffs Department wrote Petitioner’s counsel and informed him that he could have access to visitation records by contacting Milt Casias at the Hamilton County Sheriffs Office. Petitioner’s counsel did not examine these records until April 4, 1989. At that time, counsel was permitted to review, and was given copies of, visitation cards for each inmate whose records he requested. The search for these records had been conducted in late 1988 when Petitioner first made his request, and the Department of Corrections provided Petitioner with all of the requested visitation records that it could locate. However, not all of the records were found. In particular, the Department was unable to locate the general attorney log book for the requested period, but Milt Casias averred that, to the best of his knowledge, the log book had not been destroyed. Petitioner’s counsel requested, and Casias agreed to conduct, a further search for the records in question. On April 7, 1989, Casi-as’s office informed counsel that a large number of records had, in fact, been destroyed on March 8, 1989. The Sheriffs Office provided counsel with a list of destroyed items; this list did not include any visitation records or the attorney log book. The prosecutor’s office informed counsel that they would continue to look for the log book. Counsel apparently also asked the prosecutor to provide access to the sheriffs investigatory files, a request substantially similar to the first of Petitioner’s two October 27, 1988, motions. On May 10, 1989, the prosecutor’s office informed counsel that, in order to expedite Petitioner’s mandamus action, the prosecutor’s office had “decided to make available to [Petitioner] all the records [Petitioner had] requested.” JA at 564. The prosecutor provided counsel with a contact at the Hamilton County’s Sheriffs Office from whom counsel could obtain the requested information. In addition, through the discovery process, in January 1989, counsel obtained Petitioner’s Juvenile Court records. Sometime after April 7, 1989, Petitioner moved the Hamilton County Court of Appeals to hold an evidentiary hearing regarding the lost visitation records. The Sheriffs Department moved to dismiss the action and opposed the evidentiary hearing, providing affidavits and other documents showing that it had complied with Petitioner’s mandamus request. On June 16, 1989, the Hamilton County Court of Appeals dismissed the mandamus action, stating that Petitioner “has failed to show, pursuant to Civil R. 26(B), the relevancy of the destroyed or lost records as to the Postconviction- Relief Petition.” JA at 3283. The court also overruled the motion for an evidentiary hearing, and dissolved the stay and protective orders previously entered. We find nothing in the record to indicate that Petitioner’s counsel otherwise utilized the August 5th order or Ohio Rev.Code § 149.43 to pursue further discovery. Counsel claims that, on an undisclosed date, he met with an employee of the Ohio Auditor of State to discuss a “Furtherance of Justice Account” and was informed that the Hamilton County Auditor’s Office would have audit oversight responsibility for the prosecutor’s disbursements from such an account. There is no indication whatsoever that, after receiving such information, counsel either attempted to obtain these records from Hamilton County or pursue a public records action. C. State Court Findings In reviewing the motion for a new' trial, the common pleas court considered the affidavits and other evidence attached to the post-conviction petition. The court denied the motion, finding: (1) The affidavits and statements of Elwood Jones, and the affidavits of Marvin Randolph, Robert Jones, and Thomas Sargent are merely impeaching in nature. (2) Elwood Jones, Marvin Randolph, Robert Jones, and Thomas Sargent are all convicted felons, whose credibility is thereby diminished. The affidavits of Randolph and Sargent are contradicted by their own letters to the prosecutor. [] (3) The note purportedly signed by Ronald Armstead, attached to the affidavits of Elwood Jones, was not written by Ronald Armstead.[] (4) There is no credible evidence before the Court that Ronald Armstead lied in his trial testimony. (5) Ronald Armstead was not given any consideration by the State for his testimony against John Byrd, Jr.[] (6) The credibility of Ronald Armstead was the subject of extensive cross-examination at trial. JA at 4201-02. The court gave res judica-ta effect to these findings of fact when Petitioner raised identical claims in his post-conviction petition. It found that all issues of fact could be resolved without an evidentiary hearing and granted summary judgment to the State. In addition, in its order denying the post-conviction petition to vacate Petitioner’s sentence, the common pleas court found, among other things, that: (1) Marvin Randolph and Thomas Sargent initiated contact with the prosecutor’s office to testify against Petitioner, but were not called by the State. (2) Petitioner has submitted no credible evidence suggesting that Ronald Arm-stead lied, or that would result in the probability of a different outcome at a second trial. (3) Ronald Armstead did not have any charges pending at the time of this trial, [] and received no bargain or deal from the State in return for his testimony. (4) There are no fundamental discrepancies between the testimony of Ronald Armstead at this trial and his testimony at the trial of the co-defendants. (5) No evidence favorable to the defendant was suppressed by the State. JA at 1874,1878,1896. The Hamilton County Court of Appeals affirmed the lower court. Ohio v. Byrd, No. C-910340, 1992 WL 37761 (Ohio CL App. 1 Dist., Feb. 26, 1992). The court of appeals noted that “[u]nder O.R.C. § 2963.21(C), the trial court has a statutory duty before granting [an evidentiary] hearing to determine from the petition, the supporting affidavits, and the record whether there are substantive grounds for relief.” Id at *2. In particular, it found that the lower court properly refused to hold an evidentiary hearing on Petitioner’s first cause of action (substantive lying) because “the record is devoid of any evidence that the prosecution had any knowledge that Armstead’s testimony was fallacious. Instead, Petitioner offered evidence that served only to challenge the credibility of Armstead as a witness for the state.” Id Similarly, the court held that, with respect to the question of a deal, there was no issue of fact that required a hearing. The court reasoned that (1) even assuming the “forged letter” was authentic, it was inherently contradictory because it stated that Armstead testified “only” because of a deal, and then later stated that he testified “only” because he wanted the truth to come out; (2) that the letter written by Prosecutor Breyer did not recommend any particular action and clearly stated that Armstead’s cooperation was attained without promise or inducement; (3) Elwood Johnson’s affidavit did not claim any firsthand knowledge of a deal; and (4) the record contained no other evidence of a deal. Thus, an evidentiary hearing was not required, because Petitioner failed to present sufficient evidence to create an issue of fact that, if resolved in Petitioner’s favor, would provide substantive grounds for relief. D. District Court Habeas Proceedings The district court deferred to the state courts’ factual findings, but not until after it considered Petitioner’s several discovery requests and ordered further discovery in two areas. Among other things, Petitioner’s document requests included: (1) “All documents ... received or prepared by the Hamilton County Prosecutor’s Office or the Hamilton County Sheriffs Department authorizing, requestingf,] directing or identifying Ronald Armstead, Virgil Jordan, Marvin Randolph, Robert Jones, Leroy Tunstall, to be questioned and/or investigated in connection with the murder of Monte Tewksbury, regardless of whether such individuals testified at trial”; (2) all dochments containing statements by Sharon Tewksbury concerning the murder of Monte Tewksbury; (3) all Prosecutor’s Office and Hamilton County Auditor’s Office documents concerning payments from a “Furtherance of Justice Account,” allegedly maintained by the Prosecutor’s Office, to Virgil Jordan, Ronald Armstead, or any other person designated by the prosecutor as having provided assistance in the investigation of Monte’s murder or Petitioner’s capital trial; (4) all Sheriffs Department, Cincinnati Police Department, and Prosecutor’s Office documents relating to Arm-stead’s arrest, in December 1982, and his subsequent prosecution; (5) all APA, Probation Department, and Prosecutor’s Office records pertaining to Armstead’s pending parole revocation; and (6) all Sheriffs Department and Prosecutor’s Office records relating to the use of Arm-stead or Jordan as jailhouse informants. Petitioner’s deposition requests included, among others: (1) Prosecutors Breyer and Vollman, “regarding the investigation, including the review of files and internal documents maintained by the prosecutor’s office pertaining to Ronald Armstead, as well as interviews of Ronald Armstead, Virgil Jordan, Marvin Randolph and Robert Jones by investigators” from the Sheriffs Department and Prosecutor’s Office, and “interviews and preparation of Ronald Armstead by Daniel J. Breyer, Carl Voll-man and all other Assistant Hamilton County Prosecuting Attorney’s that led to” Armstead’s testimony; (2) Nancy Rankin and Andrew Hitz, regarding the victim impact statements; and (3) Anderson Res-nick, regarding the name of the prosecutor who prosecuted Armstead in relation to his December 1982 arrest. On October 12, 1995, the district court ordered the State to supplement the record with all records from the APA that were related to the revocation of Arm-stead’s parole in 1983 and the release of Armstead either from parole or from the sentence which he began to serve upon parole revocation. The State complied with this request by providing its entire file on Armstead, which consisted of 147 indexed exhibits comprising 225 pages. The district court also ordered the State to produce a copy of the victim impact statement. Each party was then to submit briefs addressing (1) whether, assuming that the victim impact statement went to the jury, such submission was harmless error; and (2) whether an inference could be drawn from the parole records that Armstead testified falsely concerning his future incarceration, and, if so, whether an inference could be drawn that the prosecutor was aware of such false testimony. The court deferred its decision on the materials requested in the balance of the discovery motion. The State provided a copy of the statement, and on November 28, 1995, Petitioner deposed Nancy Rankin and Andrew Hitz. After reviewing these records, the district court addressed in its third opinion the facts relevant to the parole issue. We have already recounted these. See supra at pp. 501-02. The district court found that the presumption of correctness applied to the state courts’ factual findings. The court first noted that the common pleas court was a court of competent jurisdiction, Petitioner and the State were parties to the post-conviction proceedings, and written, factual findings were made. See 28 U.S.C. § 2254(d). Citing Sumner v. Mata, 449 U.S. 539, 553, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981), and Nichols v. Perini, 818 F.2d 554, 557 n. 3 (6th Cir.1987), the court flatly rejected Petitioner’s contention that, unless the state court held an eviden-tiary hearing, there had been no “hearing” for purposes of determining whether the state courts’ factual findings are entitled to deference under 28 U.S.C. § 2254(d). The court further concluded that none of the eight exceptions listed in § 2254(d) were applicable. Using the state courts’ factual findings, the district court held that the prosecutor did not knowingly suborn perjury. The court also held that, because the state courts’ findings are binding, further discovery on these issues was not warranted, as it would not lead to an evi-dentiary hearing or other independent fact-finding.' E. Analysis of the State Courts’ Factual Findings “[W]e presume a state trial or appellate court’s conclusions as to facts are correct unless the petitioner demonstrates by convincing evidence that the facts are erroneous under one of the eight conditions enumerated in 28 U.S.C. § 2254(d)(1-8).” McQueen v. Scroggy, 99 F.3d 1302, 1810 (6th Cir.1996) (citing Sumner v. Mata, 456 U.S. 591, 597, 102 S.Ct. 1303, 71 L.Ed.2d 480 (1982) (per curiam)). Petitioner has provided no evidence to establish that any of the § 2254(d) exceptions apply in his case. Therefore, we must defer to the state courts’ factual findings. On brief and at oral argument, Petitioner strenuously argued that the state courts’ factual findings are not entitled to deference, because the state courts did not order discovery. Specifically, Petitioner contends: No discovery was ordered.[] Byrd filed motions asking the trial court to order the investigative files of the law enforcement authorities who investigated his case to be copied and incorporated into the files of the Hamilton County Prosecutor’s Office and that the prosecutor’s files be copied and filed with the trial court. The files of the investigators and prosecutor would have been invaluable to assess Byrd’s claims of perjured testimony and Brady violations. The trial court refused to grant or even hear Byrd’s motions. Petitioner’s Br. at 44-45. Thus, Petitioner argues, he has established the exceptions listed in 28 U.S.C. § 2254(d)(1), (2), and (6). We disagree. Petitioner cannot show that “the merits of the factual dispute were not resolved in the State court hearing.” § 2254(d)(1). In fact, this contention is contrary to Petitioner’s assertion that the state courts came to the wrong conclusions on the merits. In Fowler v. Jago, 683 F.2d 983 (6th Cir.1982), we discussed the showing necessary to meet this exception. We made clear that we defer where the findings are “sufficient to enable the district court to fulfill its obligation to determine that [the facts] are supported by the evidence and that the correct standards of law were applied.” Id. at 989. In the present case, the state court clearly found that there was no deal, that there was no credible evidence that Armstead lied about Petitioner’s confession, and that, at the time of Petitioner’s trial, Armstead did not have any pending criminal charges. The court also specified the evidence upon which it relied. Thus, § 2254(d)(1) does not apply. Similarly, Petitioner has failed to show either that “the factfinding procedure employed by the State court was not adequate to afford a full and fair hearing” or that “the applicant did not receive a full, fair, and adequate hearing in the State court proceeding.” § 2254(d)(2), (6). Petitioner simply failed to provide a sufficient quantum of cogent evidence to warrant an investigation of the prosecutor’s work product and other trial preparation files. The Ohio post-conviction statute in effect at the time Petitioner was pursuing his state post-conviction remedies provided: (A) Any person who has been convicted of a criminal offense ... claiming that there was such a denial or infringement of his rights as to render the judgment void or voidable under the Ohio Constitution or the Constitution of the United States, may file a petition at any time in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate or set aside the judgment or sentence or to grant other appropriate relief. The petitioner may file a supporting affidavit and other documentary evidence in support of the claim for relief. (C) Before granting a hearing, the court shall determine whether there are substantive grounds for relief. In making such a determination, the court shall consider, in addition to the petition and supporting affidavits, all the files and records pertaining to the proceedings against the petitioner, including, but not limited to, the indictment, the court’s journal entries, the journalized records of the clerk of the court, and the court reporter’s transcript.... If the court dismisses the petition, it shall make and file findings of fact and conclusions of law with respect to such dismissal. (E) Unless the petition and the files and records of the case show the petitioner is not entitled to relief, the court shall proceed to a prompt hearing on the issues, hold the hearing, and make and file written findings of fact and conclusions of law upon entering judgment. Ohio Rev.Code Ann. § 2953.21 (Anderson 1987). It is true that, under Ohio law, courts are not required to hold evidentiary hearings in all post-conviction cases. See Sherrills v. Cuyahoga County Court of Common Pleas, 72 Ohio St.3d 461, 650 N.E.2d 899, 900 (Ohio 1995). Where a petition alleges facts which, if proved, would entitle the petitioner to relief, but the files and records of the case negate the existence of facts sufficient to entitle the petitioner to relief, the trial court may so find and summarily dismiss the petition; in so doing, however, the court should specify the portions of the files and records that negate the existence of the petitioner’s alleged facts. See State v. Perry, 226 N.E.2d 104, 105 (Ohio 1967) (syllabus para. 3). To merit an evidentiary hearing, a petitioner must submit evidentiary documents containing sufficient cogent and operative facts that demonstrate substantive grounds for relief. See State v. Combs, 100 Ohio App.3d 90, 652 N.E.2d 205, 210 (Ohio Ct.App.1994); State v. Smith, 30 Ohio App.3d 138, 506 N.E.2d 1205, 1208