United States Sixth Circuit

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Phillips v. Bradshaw, 06-4418

In habeas proceedings arising from a conviction for rape and aggravated murder and a death sentence, denial of the petition is affirmed where: 1) defendant did not meet his burden of demonstrating a reasonable probability that, but for the alleged error of omitting certain mitigating evidence, he would not have been sentenced to death, and he also failed to show that the state court's decision was contrary to or an unreasonable application of Strickland under the modified-AEDPA standard; 2) sufficient evidence supported defendant's convictions; 3) defendant did not demonstrate any juror bias; and 4) the re-reading of identical jury instructions did not qualify as critical stages of trial, and defendant identified no prejudice stemming from his counsel's absence during this event.

Appellate Information

  • Argued 07/29/2009
  • Decided 06/01/2010
  • Published 06/01/2010

Judges

  • Before SILER, COLE, and McKEAGUE, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, for Appellant. Adam Michael Van Ho, Office of The Ohio Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF:Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, Ohio, Ruth L. Tkacz, Ohio Public Defender's Office, Columbus, Ohio, for Appellant. Sarah A. Hadacek, Office of The Ohio Attorney General, Columbus, Ohio, for Appellee.

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