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United States Sixth Circuit


Smith v. State of Ohio Dep't of Rehab. & Corr., 04-4280

Denial of a petition for habeas corpus raising claims of double jeopardy and insufficient evidence is affirmed where, although petitioner's counsel provided ineffective assistance in failing to advise him with notice of a judgment, petitioner could not rely on ineffective assistance of counsel to overcome the procedural default of his claims because he failed to show prejudice.

Appellate Information

  • Decided 09/08/2006
  • Published 09/08/2006

Judges

  • Before:  MOORE, GRIFFIN, and CUDAHY, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ON BRIEF:  Stuart A. Cole, Office of the Attorney General, Columbus, Ohio, for Appellee.   Scott M. Smith, Mansfield, Ohio, pro se.
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