United States Sixth Circuit

For purposes of determining whether a procedural bar applies on habeas petition, an argument that defendant did not validly waive a jury trial is different than the argument that the court complied with statutory requirements for a jury trial waiver.

Appellate Information

• Argued 02/01/2001
• Decided 08/17/2001
• Published 08/17/2001

Judges

• Before:  MERRITT, BOGGS, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David H. Bodiker (briefed), Joseph Bodine, Jr. (argued and briefed), Public Defender's Office, Ohio Public Defender Commission, Columbus, OH, Lorie Leon (briefed), Columbus, OH, for Petitioner-Appellant.


• For Appellees:
  
• James V. Canepa, Office of Attorney General of Ohio, Columbus, OH, Michael L. Collyer (argued and briefed), Jon W. Oebker (briefed), Office of the Attorney General of Ohio, Capital Crimes Section, Cleveland, OH, for Respondent-Appellee.