United States Sixth Circuit

Denial of habeas relief for petitioner, an inmate under sentence of death for murder, is reversed where counsel for petitioner at the mitigation phase of a bifurcated proceeding rendered ineffective assistance of counsel in violation of the Sixth Amendment when he failed to properly conduct a mitigation investigation.

Appellate Information

• Decided 07/07/2006
• Published 07/07/2006

Judges

• Before:  MERRITT, MARTIN, and SILER, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David L. Doughten, Cleveland, Ohio, for Appellant.   Anna Marie Franceschelli, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.   ON BRIEF:  David L. Doughten, Cleveland, Ohio, Jeffrey James Helmick, Gamso, Helmick & Hoolahan, Toledo, Ohio, for Appellant.  Todd W. Newkirk, Attorney General's Office of Ohio, Columbus, Ohio, for Appellee.