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.