United States Sixth Circuit

ResetAA Font size: Print

Awkai v. Mitchell, 01-4278

District court's denial of defendant's petition for a writ of habeas corpus from his conviction for aggravated murder of his wife and brother-in-law and sentence to death is affirmed where: 1) defendant has not overcome the strong presumption that counsel's conduct fell within the wide range of reasonable professional assistance and therefore cannot satisfy Strickland's deficiency standard; 2) even assuming that defendant had shown that the Supreme Court of Ohio's assessment of his counsel's effectiveness was unreasonable, he still cannot show that the court's conclusion that he had not satisfied the prejudice prong of the Strickland ineffective-assistance test was also unreasonable; 3) defendant's counsel was not deficient in the presentation of mitigation-phase evidence; and 4) defendant's claim of prosecutorial misconduct is procedurally defaulted.

Appellate Information

  • Argued 12/02/2009
  • Submitted 07/23/2010
  • Decided 07/23/2010
  • Published 07/23/2010

Judges

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • R. Brian Moriarty, Benjamin C. Mizer


FindLaw Career Center


      Post a Job  |  View More Jobs

    View More