United States Sixth Circuit

Dismissal of a petition for writ of habeas corpus in a death penalty case is affirmed over claims of error regarding whether: 1) petitioner procedurally defaulted fifty-eight of the eighty-eight claims in his habeas petition; 2) petitioner procedurally defaulted his Brady claim; 3) his right to an impartial jury was violated; 4) testimony of a victim's wife at the guilt phase violated his due process rights; 5) denial of a continuance violated his constitutional rights; 6) petitioner received ineffective assistance of counsel; 7) prosecutorial misconduct occurred; 8) the trial court violated his Eighth Amendment rights by instructing the jury not to consider sympathy when issuing its recommended sentence; 9) Ohio's death penalty scheme is unconstitutional; and 10) certain evidentiary motions were improperly denied.

Appellate Information

• Decided 08/13/2008
• Published 08/13/2008

Judges

• Before:  MARTIN, NORRIS, and BATCHELDER, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ken F. Murray, Office of The Federal Public Defender, Phoenix, Arizona, for Appellant.  Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  Ken F. Murray, Megan B. Moriarty, Office of the Federal Public Defender, Phoenix, Arizona, for Appellant.  Charles L. Wille, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.