United States Sixth Circuit

Plaintiff's granted habeas petition was reversed because plaintiff failed to demonstrated that his jury waiver was not knowing and intelligent or that his counsel was ineffective, where he was advised by counsel to have his case heard by judges rather than jury in order to avoid the death penalty.

Appellate Information

• Decided 06/23/2004
• Published 06/23/2004

Judges

• Before BATCHELDER, MOORE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Mark A. Vander Laan (argued and briefed), Christopher R. McDowell (briefed), Dinsmore & Shohl, Cincinnati, OH, Randall L. Porter (briefed), David H. Bodiker, Public Defenders Office, Ohio Public Defender Com'n, Columbus, OH, for Petitioner-Appellee., Michael L. Collyer, Asst. Atty. Gen. (argued and briefed), Office of the Attorney General of Ohio, Cleveland, OH, Charles L. Wille (briefed), Office of the Attorney General of Ohio, Columbus, OH, for Respondent-Appellant.