United States Sixth Circuit

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SMITH v. MITCHELL, 00-4030

In a case involving conviction for aggravated murder and a death sentence, denial of relief on habeas is affirmed where trial counsel's investigation and preparation for mitigation were not ineffective, because counsel called an expert witness who presented information that tended to establish several mitigating factors.

Appellate Information

  • Decided 10/28/2003
  • Published 10/28/2003


  • Before:  SUHRHEINRICH, BATCHELDER, and COLE, Circuit Judges.


  • United States Sixth Circuit


  • For Appellant:
  • Laurence E. Komp (argued and briefed), Baldwin, MO, H. Louis Sirkin, Laura A. Abrams, Jennifer M. Kinsley (briefed), Sirkin, Pinales, Mezibov & Schwartz, Cincinnati, OH, for Appellant.

  • For Appellees:
  • Henry G. Appel (argued and briefed), Charles L. Wille (briefed), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Appellee.