United States Sixth Circuit

No reason has been adduced to justify the failure of petitioner's trial counsel to investigate and present evidence of his brain impairment, and the state did not raise the issue of procedural default with respect to that claim.

Appellate Information

• Decided 09/08/2003
• Published 09/08/2003

Judges

• Before:  BATCHELDER, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• James V. Schuster (briefed),  John B. Nalbandian (argued and briefed), Daniel F. Oberklein (briefed), Taft, Stettinius & Hollister LLP, Cincinnati, OH, David Paul Bradley (briefed), Gallagher, Sharp, Fulton & Norman, Cleveland, OH, for Petitioner-Appellant.


• For Appellees:
  
• Michael L. Collyer (argued and briefed), Office of the Attorney General of Ohio, Cleveland, OH, Henry G. Appel (briefed), Attorney's General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellee.