United States Sixth Circuit

Death row inmate is entitled to habeas relief on the basis of two claims: that his guilty plea was not voluntary, knowing and intelligent, and that his due process rights were violated by the prosecution's use of inconsistent, irreconcilable theories to convict both him and his accomplice.

Appellate Information

• Decided 04/28/2004
• Published 04/28/2004

Judges

• Before: BOGGS, Chief Judge;  and DAUGHTREY and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Alan M. Freedman (argued and briefed), Carol Heiss (briefed), Midwest Center for Justice, Chicago, IL, for Petitioner-Appellant.


• For Appellees:
  
• Michael L. Collyer, Office of the Attorney General, Cleveland, OH, Carol Ann Ellensohn (argued), Office of the Attorney General, Health & Human Services Section, Stephen E. Maher (briefed), Attorney General's Office of Ohio Capital Crimes Section Columbus, OH, for Respondent-Appellee.