United States Sixth Circuit

In a capital murder and robbery case, a grant of a writ of habeas corpus on grounds of ineffective assistance of trial counsel is reversed where, although petitioner demonstrated ineffective assistance in his trial counsel's insufficient investigation into mitigation for purposes of the penalty phase, he failed to show prejudice as a result thereof.

Appellate Information

• Decided 06/13/2006
• Published 06/13/2006

Judges

• Before:  BOGGS, Chief Judge;  BATCHELDER and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David A. Smith, Office of the Attorney General, Frankfort, Kentucky, for Appellant.  Kathleen K. Schmidt, Pike & Schmidt, Sheperdsville, Kentucky, for Appellee.   ON BRIEF:  Tami R.A. Stetler, Brian T. Judy, Office of the Attorney General, Frankfort, Kentucky, for Appellant.  Kathleen K. Schmidt, Pike & Schmidt, Sheperdsville, Kentucky, Marguerite Neill Thomas, Department of Public Advocacy, Frankfort, Kentucky, Rodney McDaniel, Frankfort, Kentucky, for Appellee.