Widmer was convicted of drowning his wife, Sarah, in the bathtub of their Warren County home in August 2008.
Berry Godsey disputed the frivolous remark, saying “reasonable” people could find favor with her client.
“An appeal in Widmer’s case would not be objectively unreasonable and/or frivolous,” she wrote. “For each of Widmer’s claims, there are debatable arguments, which reasonable jurists could adopt in Widmer’s favor and which reasonable jurists, through dissenting votes actually have sought to further review.”
She was referring to split votes twice in the Ohio Supreme Court. In the two appeals that went there, five justices wanted to look at all or at least some of Widmer’s claims.
After three trials in Warren County and numerous appeals, including one to the U.S. Supreme Court, Widmer, 36, remains behind bars on a 15-years-to-life sentence.
His first parole board hearing is scheduled for July 2025.
Bill Gallagher, an experienced federal appellate attorney, said the next step will be for U.S. District Court Judge Timothy Black to rule on the case.
Even if Black agrees with Merz and refuses to give Widmer a certificate of appealability, Gallagher said Berry Godsey can take the case to the 6th Circuit Court of Appeals.
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